LAUGHLIN v. KMART CORP.

No. 94-5107.

50 F.3d 871 (1995)

Larry LAUGHLIN, Plaintiff-Appellant, v. KMART CORPORATION, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

March 20, 1995.


Attorney(s) appearing for the Case

Michael H. Freeman (James E. Frasier and Gary Brasel with him on the brief), of Frasier & Frasier, Tulsa, OK, for plaintiff-appellant.

Kathy R. Neal (Lynn Paul Mattson and Kristen L. Brightmire with her on the brief), of Doerner, Stuart, Saunders, Daniel, Anderson & Biolchini, Tulsa, OK, for defendant-appellee.

Before EBEL and KELLY, Circuit Judges, and BROWN, District Judge.


PAUL KELLY, Jr., Circuit Judge.

Plaintiff-appellant Larry Laughlin appeals the district court's order granting Defendant-appellee Kmart's motion for summary judgment. Due to a lack of jurisdiction, we remand to the district court with instructions to vacate the judgment and remand the action to state court.

Background

In January of 1993, Mr. Laughlin, a former employee of Kmart, filed a petition in Oklahoma state district court alleging a...

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