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MADISON v. VINTAGE PETROLEUM, INC.

No. 96-60213.

114 F.3d 514 (1997)

Gladys MADISON, Guardian for Viola Williams, Plaintiff, v. VINTAGE PETROLEUM, INC., et al., Defendants. Henry Lee WILLIAMS, Plaintiff-Appellant, v. VINTAGE PETROLEUM, INC., et al., Defendants, G.B. "Boots" Smith Company, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

As Amended on Denial of Rehearing and Suggestion for Rehearing July 10, 1997.

Attorney(s) appearing for the Case

James Raymond Cox, Stuart Housel Smith, Sacks & Smith, New Orleans, LA, David T. Cobb, Jackson, MS, for Plaintiff-Appellant.

Jeffery P. Reynolds, Edwin S. Gault, Jr., Heidelberg & Woodliff, Jackson, MS, for Defendant-Appellee.

Before POLITZ, Chief Judge, KING, Circuit Judge, and FOLSOM, District Judge.

As Amended on Denial of Rehearing and Suggestion for Rehearing En Banc July 10, 1997.

POLITZ, Chief Judge:

Henry Lee Williams appeals a judgment granting G.B. "Boots" Smith Corporation's motion to dismiss and denying Williams's motion to remand to state court. Concluding that the district court erred in finding that Boots Smith was fraudulently joined, we vacate and remand to the district court with instructions to remand to state court.

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