CAVALLINI v. STATE FARM MUT. AUTO INS. CO.

No. 94-50112.

44 F.3d 256 (1995)

Adrian CAVALLINI, et al., Plaintiffs-Appellants, v. STATE FARM MUTUAL AUTO INSURANCE CO., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 23, 1995.


Attorney(s) appearing for the Case

Dennis P. Bujnoch, San Antonio, TX, for appellants.

Cathy J. Sheehan, Jerry A. Gibson, Plunkett, Gibson & Allen, San Antonio, TX, for State Farm.

Before WHITE, Associate Justice (Ret.); BARKSDALE and PARKER, Circuit Judges.


RHESA HAWKINS BARKSDALE, Circuit Judge:

The appeal in this removed diversity action concerns fraudulent joinder and enforcement of a settlement agreement, with the critical issue being whether, in order to defeat removal based on fraudulent joinder, the state court complaint in issue here can be expanded by post-removal affidavits or amendment to state a cause of action against the nondiverse defendant. If removal stands, we must determine whether correspondence between...

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