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CERVANTEZ v. BEXAR COUNTY CIVIL SERVICE COM'N

No. 96-50278, Summary Calendar.

99 F.3d 730 (1996)

David CERVANTEZ, Plaintiff-Appellant, v. BEXAR COUNTY CIVIL SERVICE COMMISSION; Bexar County, Texas, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 27, 1996.

Attorney(s) appearing for the Case

Edward Leonard Pina, San Antonio, TX, for plaintiff-appellant.

Lori W. Hanson, Magdalena DeSalme, Bexar County District Attorney's Office, San Antonio, TX, for defendants-appellees.

Before HIGGINBOTHAM, WIENER and BENAVIDES, Circuit Judges.

BENAVIDES, Circuit Judge:

This appeal requires us to determine whether the removal of this action to federal court was time barred pursuant to the thirty-day limitations period of 28 U.S.C. § 1446(b). Because we hold that Bexar County did not timely file notice of removal in federal court, we vacate the judgment of the district court and remand to the district court with instructions to remand the case to state court...

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