IN RE RODRIGUEZ

No. 96-40116.

79 F.3d 467 (1996)

In re Jesus RODRIGUEZ; Maria Rodriguez; Jesus Reyes; Yolanda Reyes, Petitioners.

United States Court of Appeals, Fifth Circuit.

March 22, 1996.


Attorney(s) appearing for the Case

Bruce L. Jamison, Houston, TX, Truett Bryan Akin, III, Houston, TX, for petitioners.

Ricardo H. Hinojosa, U.S. District Judge, McAllen, TX, pro se.

Before WIENER, PARKER and DENNIS, Circuit Judges.


BY THE COURT:

IT IS ORDERED that the petition for writ of mandamus is denied.

DENNIS, Circuit Judge, dissenting:

Plaintiffs' petition this Court pursuant to 28 U.S.C. § 1651 for writ of mandamus to order the district court to vacate its denial of the plaintiffs' Motion to Remand. The majority of this panel has decided to deny the plaintiffs' petition. However, such action skirts one of the essential purposes of 28 U.S.C. § 1651, the All Writs...

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