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FORD v. ELSBURY

No. 93-5365.

32 F.3d 931 (1994)

Undray D. FORD, Etc., et al., Plaintiffs-Appellants, v. Ernie ELSBURY, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 20, 1994.

Attorney(s) appearing for the Case

Frank C. Dudenhefer, Jr., John J. Cummings, III, Cummings, Cummings & Dudenhefer, Douglas M. Schmidt, New Orleans, LA, W. Hugh Sibley, Sibley & McShane, Greensberg, LA, for appellants.

Thomas M. Bergstedt, Thomas J. Gayle, Bergstedt & Mount, Lake Charles, LA, for amicus curiae: Olin Corp.

Gregory P. Massey, Jones, Tete, Nolen, Hanchey, Swift & Spears, Lake Charles, LA, R. Joshua Koch, Jr., Stephen T. Perkins, James R. Sutterfield, Hoffman, Sutterfield, Ensenat & Bankston, P.L.C., New Orleans, LA, for appellees.

Before REAVLEY, JONES and BENAVIDES, Circuit Judges.

REAVLEY, Circuit Judge:

In this appeal we decide whether the district court had diversity jurisdiction because of the fraudulent joinder of a defendant of non-diverse citizenship. We conclude that the district court lacked jurisdiction and should remand the case to state court.

BACKGROUND

On July 28, 1992, an explosion occurred at a fertilizer plant in Westlake, Louisiana owned by appellee Arcadian Corporation ("Arcadian"). The explosion was caused...

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