EASTUS v. BLUE BELL CREAMERIES, L.P.

No. 95-10873.

97 F.3d 100 (1996)

Greg and Paige EASTUS, Plaintiffs-Appellees, v. BLUE BELL CREAMERIES, L.P., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 15, 1996.


Attorney(s) appearing for the Case

Douglas K. Magary, Dallas, TX, Curtis Engene Pritchard, Lummus, Hallman, Pritchard & Baker, Cleburne, TX, for plaintiffs-appellees.

Jennifer A. Youpa, Littler, Mendelson, Fastiff & Mathiason, Dallas, TX, James V. Carroll, III, Littler, Mendelson, Fastiff & Tichy, Houston, TX, for defendant-appellant.

Before WISDOM, SMITH and PARKER, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

Blue Bell Creameries, L.P. ("Blue Bell"), appeals the remand of two state law claims under 28 U.S.C. § 1441(c). Concluding that the statute does not authorize remand of one of these claims, we reverse as to that claim, affirm as to the other, and remand.

I.

Greg Eastus worked for Blue Bell for over ten years, mostly as a route salesman. On July 12, 1994, Eastus asked for time off because he expected his wife, Paige...

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