VASQUEZ v. ALTO BONITO GRAVEL PLANT CORP.

No. 92-7678.

56 F.3d 689 (1995)

Carolina VASQUEZ, et al., Plaintiffs-Appellants, v. ALTO BONITO GRAVEL PLANT CORPORATION and Caterpillar, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 3, 1995.


Attorney(s) appearing for the Case

Luther T. Munford, Angela M. McLain, Phelps, Dunbar, Jackson, MS, Tony Martinez, Brownsville, TX, Kathryn Snapka, Corpus Christi, TX, A.A. Munoz, II, David Hockemen, Munoz, Hockeman & Reed, McAllen, TX, for Vasquez and Aida Mae Vasquez.

JoAnn Storey, Maxine Haney, Legal Asst. Womble & Spain, Houston, TX, for Caterpillar, Inc.

William L. Hubbard, Roy S. Dale, Katie Pearson Klein, McAllen, TX, for Alto Bonito.

Before VAN GRAAFEILAND, JOLLY and WIENER, Circuit Judges.


E. GRADY JOLLY, Circuit Judge:

This wrongful death case requires us to determine whether a case becomes removable from a Texas state court under our diversity jurisdiction once the plaintiffs and the nondiverse defendant negotiate a settlement. Applying Texas law, we hold that it does not become removable and that the district court should have remanded this case to state court because, although the nondiverse defendant and the plaintiffs may have negotiated an agreement...

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