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REECE v. WAL-MART STORES, INC.

No. 95-20680.

98 F.3d 839 (1996)

Lizzie REECE, Plaintiff-Appellant, v. WAL-MART STORES, INC., and Dennie Ashley, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 21, 1996.

Attorney(s) appearing for the Case

Timothy F. Lee, Ware, Snow, Fogel, Jackson & Greene, Houston, TX, Roger Knight, Jr., Kevin Roger Knight, Madisonville, TX, for plaintiff-appellant.

Jimmy Preston Wrotenbery, Magenheim, Bateman, Robinson, Wrotenberry & Helfand, Houston, TX, for defendants-appellees.

Before JONES, SMITH and STEWART, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Plaintiff Lizzie Reece appeals the denial of her motion to remand to state court. We reverse and remand.

I.

Reece filed this state law tort suit against Wal-Mart Stores, Inc. ("Wal-Mart"), and one of its employees, Dennie Ashley, in state court. Reece's attorney promptly mailed a file-stamped copy of her original petition, along with a cover letter suggesting that the parties...

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