McCLELLAND v. GRONWALDT

No. 97-40592.

155 F.3d 507 (1998)

Jerry C. McCLELLAND, Plaintiff-Appellant, v. Robert C. GRONWALDT, Individually and as agent for Mobil Oil Corporation; Mobil Oil Corporation; National Union Fire Insurance Company of Pittsburgh, PA, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit

September 9, 1998.


Attorney(s) appearing for the Case

Glen W. Morgan, Richard J. Clarkson, Reaud, Morgan & Quinn, Beaumont, TX, Edward F. Sherman, New Orleans, LA, for Plaintiff-Appellant.

Lipscomb David Norvell, Jr., Gerald W. Riedmueller, Benckenstein, Norvell & Nathan, Beaumont, TX, for Gronwaldt.

David J. Beck, Keith A. Jones, Joe W. Redden, Jr., Beck, Redden & Secrest, Houston, TX, Mark D. Wegener, John E. Heintz, Lisa Latorre, Howrey & Simon, Washington, DC, for Mobil Oil Corp.

Robert B. Wellenberger, Richard M. Mosher, Thompson, Coe, Cousins & Irons, Dallas, TX, for National Union Fire Insurance Company of Pittsburgh, Pa.

Before GARWOOD, SMITH and EMILIO M. GARZA, Circuit Judges.


GARWOOD, Circuit Judge.

Plaintiff-appellant Jerry C. McClelland (McClelland) requested and received certification under 28 U.S.C. § 1292(b) to appeal the district court's denial of his motion to remand his suit to state court. We hold that the district court erred in denying McClelland's motion to remand, and we reverse the district court's order and direct that the case be remanded to the state court.

Facts and Proceedings Below

In 1988, McClelland...

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