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HERRON v. CONTINENTAL AIRLINES, INC.

No. 95-10645. Summary Calendar.

73 F.3d 57 (1996)

Jean K. HERRON, Plaintiff-Appellant, v. CONTINENTAL AIRLINES, INC., and Peter Armstrong, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 23, 1996.

Attorney(s) appearing for the Case

Darrell D. Minter, David Howard Shelmire, Davis & Harvey, Dallas, TX, for Jean K. Herron, Plaintiff-Appellant.

Thomas E. Kurth, Leila A. D'Aquin, Haynes & Boone, Dallas, TX, for Continental Airlines Inc., Defendant-Appellee.

Mickie Simpson Bragalone, Gregory Joseph Lensing, Cowles & Thompson, Dallas, TX, for Peter Armstrong, Defendant-Appellee.

Before KING, SMITH and BENAVIDES, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Jean Herron appeals the dismissal of her claims against Continental Airlines, Inc. ("Continental"), and Peter Armstrong. Because we find that the district court lacked jurisdiction, we vacate and remand to the district court with instructions to remand to state court.

I.

Armstrong is a private process server whom Continental enlisted to serve process on Herron's husband at his Dallas home. When Armstrong arrived, Mrs...

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