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RODRIGUEZ v. SABATINO

No. 96-40883.

120 F.3d 589 (1997)

Jesus RODRIGUEZ; Maria Rodriguez; Jesus Reyes; Yolanda Reyes, Plaintiffs-Appellants, v. Anthony SABATINO; Sonja Sosa; Borg-Warner Protective Services Corporation doing business as Wells Fargo Guard Services, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 3, 1997.

Attorney(s) appearing for the Case

Bruce L. Jamison, Houston, TX, Truett Bryan Akin, III, Bruce, Jamison & Associates, Houston, TX, for Plaintiffs-Appellants.

Thomas Ward Duesler, Arthur L. Martin, Adams, Coffey & Duesler, Beaumont, TX, Steven Mark Vidaurri, Brin & Brin, Edinburg, TX, for Defendants-Appellees.

Before JONES, EMILIO M. GARZA and PARKER, Circuit Judges.

PER CURIAM:

The district court denied the plaintiffs' motion to remand because it determined that they had fraudulently joined two defendants. Hence, it had diversity jurisdiction under 28 U.S.C. § 1332(a). Subsequently, the district court granted the defendants' summary judgment motion, dismissing the plaintiffs' complaint. On appeal, the plaintiffs contend that the district court lacked subject matter jurisdiction over their case. We affirm.

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