AVITTS v. AMOCO PRODUCTION CO.

No. 95-40574.

111 F.3d 30 (1997)

W.H. AVITTS, et al., Plaintiffs-Appellees, v. AMOCO PRODUCTION CO., et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

April 28, 1997.


Attorney(s) appearing for the Case

Otto D. Hewitt, III, Albin, TX, Alton C. Todd, The Law Firm of Alton C. Todd, Alvin, TX, for Plaintiffs-Appellees.

Roxanne L. Armstrong, Houston, TX, for Defendants-Appellants.

A. Andrew Gallo, Houston, TX, Joy M. Soloway, Charles E. Sullivan, Jr., Fulbright & Jaworski, Houston, TX, Alton J. Hall, Jr., Delise, Amedee, Bertrand, Hall & Hidalgo, Metairie, LA, Lynn Bortka, Wickliff & Hall, Houston, TX, for Amoco Production Co.

Before DAVIS, SMITH and DUHÉ, Circuit Judges.


W. EUGENE DAVIS, Circuit Judge:

Defendants-appellants appeal an order imposing costs and attorney's fees against them for improper removal under 28 U.S.C. § 1447(c). We reverse the order and remand this case to the district court for the limited purpose of taxing costs under Fed. R.Civ.P. 54.

I.

Appellees are landowners who contend that their property was harmed by Amoco's operations in the West Hastings Field. Appellees initiated this litigation...

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