ARD v. TRANSCONTINENTAL GAS PIPE LINE CORP.

No. 97-30148.

138 F.3d 596 (1998)

Geraldine ARD, Lillie Atkins; Anthony Banks; Mary Banks, individually and as natural tutrix of her minor children, Earnest Banks and Travis Thompson; Roosevelt Banks; Bernice Bond; Joe Brown; Otis Burton; Clara Butler; Fred Butler, Jr.; Georgia Butler, individually and as natural tutrix of her minor children, Latilda Butler; Willie Paul Butler, Chelis Cain; Jimmie Coleman; Louj Coleman; John Coleman; Alicena Coleman; Joseph Coleman; Samuel Coleman; Edis Coleman; Sylvia Coleman, individually and as natural tutrix of her minor child, Travis Duncan; Zola Coleman, individually and as natural tutrix of her minor children, Broderick Coleman and Kendra Coleman; Dorothy Donahue; Debra Dunn, individually and as natural tutrix of her minor children, Joseph Dunn, Tiffany Dunn and Brittany Dunn; Earl Foreman; Lisa Foreman; Shirley Foreman, individually and as natural tutrix of her minor children, Shameka Foreman, Theressa Foreman, and Earl Foreman, Jr.; Eloise Foskey; Tera Fox, individually and as natural tutrix of her minor child, Damon Fox; Catherine Glass, individually and as natural tutrix of her minor child, Chandra Glass; Mary Gilmore, individually and as natural tutrix of her minor children, Datrice Gilmore, Laketha Gilmore, Mona Gilmore and Lake Gilmore; Stanley Gordon; Felton Hall; Warreaner Hall, individually and as natural tutor of his minor child, Alisha Bidon; Priscilla Hall, individually and as natural tutrix of her minor children, Lavert Hall and Trendale Hall; Janice Hamler, individually and as natural tutrix of her minor children, Aleisha Hamler and Gebrea Hamler; Martha Hamler, individually and as natural tutrix of her minor children, Kaneka Hamler, Dwoyne Atkins, Daquarius Hamler and Sheilia Hamler; Sharon D. Henderson; Jeff Hitchen; Floyd Hitchen; Rose Hitchen, individually and as natural tutrix of her minor children, Alex D. Hitchen and Floyd Hitchen, Jr.; Arise Hitchen, individually and as natural tutrix of her minor child, Tyeka Hitchen; Damita Hitchens, individually and as natural tutrix of her minor child, Michael Holland, Jr.; Edward Hitchen; Helen Hitchen, individually and as natural tutrix of her minor child, Lenora Hitchen; Rena Hitchens; Tirrell Harrell; Dedric Harrell; Ellison Harrell; Kimberly Hollins; Robert Hitchens; Elizabeth Hitchens; Bunion Holland; Leola Holland, individually and as natural tutrix of her minor children, Danielle Holland, Denise Holland, Delores Holland and Stafford Holland, Jr.; Helen Holmes, individually and as natural tutrix of her minor child, Randy Holmes; Rivers Holmes; Mirquie Holmes, individually and as natural tutrix of her minor children, A.J. Jackson and Wanell Armstrong; Leola Hoofkin; Darlene Horton; Eric Hughes; John L. Hughes; Melvin Hughes; Sarah Hughes; Percy Hutson; Wilmeta Hutson, individually and as natural tutrix of her minor child, Percy Hutson, Jr.; Anna Augusta Jackson; Glenda C. Jackson, individually and as natural tutrix of her minor children, Dakeithi Jackson, Trenise Jackson and Kimberly Jackson; Claretha James, individually and as natural tutrix of her minor children, Lenche Carter and Quenche Carter; Charlie Jarrell; Curtis Jenkins, Jr.; Marie Jenkins, individually and as natural tutrix of her minor children, Mark Jenkins and Curtis Jenkins, III; Francis Johnson; Levy Johnson; Levy Johnson, Jr., individually and as natural tutor of his minor child, Chenea Johnson; Kenny Johnson; Linda V. Johnson, individually and as natural tutrix of her minor children, Linda Charlene Johnson and Victoria Johnson; Louise M. Johnson, individually and as natural tutrix of her minor children Dwola Johnson and Michael Johnson; Minnie Johnson; Norwood Johnson; Vanessa Johnson, individually and as natural tutrix of her minor children, Quentin Johnson and Jeffrey Johnson; Willie Johnson; Doris Jyles, individually and as natural tutrix of her minor children, Derrick Jyles, Yasmine Jyles and La-Quinton Jyles; Earnestine Jyles, individually and as natural tutrix of her minor children, Lance Jyles, Jacqueline Jyles and Jacky Jyles; Herbert Jyles; Joseph Jyles; Leverse Jyles, Jr.; Ronnie Jyles; Sheila Jyles, individually and as natural tutrix of her minor children, Steaven Porter, Sheena Porter, Paul Porter and Jessica Porter; Sylvia M. Jyles, individually and as natural tutrix of her minor children, Christi Jyles, Walter Jyles, Laquhea Jyles and Jacqtta Jyles; Mary Kemp, individually and as natural tutrix of her minor child, Chester Kemp; Sonia Kinzey, individually and as natural tutrix of her minor child, Laquita Knox; Dorothy Knox, individually and as natural tutrix of her minor children, Felix Knox, Jr., Deborah Ann Knox and Demetria Knox; Felix Sr. Knox; Marvin Lee, individually and as natural tutor of his minor children, Marvin Lee, Jr. and Shemka Jyles; Sherri Lee; Belinda London, individually and as natural tutrix of her minor children, Brittney London and Roneca London; Fred London, Jr.; Joe James London; Lillie Rose London; Loretta London, individually and as natural tutrix of her minor child, Tyneshia London; James Mack; Idell Mason, individually and as natural tutrix of her minor children, Katressa Mason, Heather Mason, Dairius Mason and Nadia Mason; Ned Mayberry; Mary Mayberry; Lois McCartney; Leanderous McClendon; Annette McClendon, individually and as natural tutrix of her minor children, Leanderous McClendon, Jr., Lakisha McClendon and Temeka McClendon; Robert McClendon; Patricia McClendon, individually and as natural tutrix of her minor child, Shanankeia McClendon; Shirley McClendon, individually and as natural tutrix of her minor child, Tyneisha McClendon; Vernon McMorris, Jr.; Linda K. Patterson, individually and as natural tutrix of her minor children, Tiffany Patterson, Darcell Rheams and Ernest Rheams; Derry Mitchell; Debbie Porter, individually and as natural tutrix of her minor child, Andra Porter; Eli Porter; Sarah Porter, Fannie Porter; Gary Porter; Jerry Porter; Mary Porter, individually and as natural tutrix of her minor child, Jerrica Porter; Thomas J. Porter; Jonesnese Porter, individually and as natural tutrix of her minor children, Maranda Porter, Nzinga Porter, Thomas Porter, Jr., Jarod Porter, Shandron Porter, Ashley Porter and Myran Porter; Willie Porter, individually and as natural tutor of his minor children, Kimberly Porter, Jeremiah Porter, Danielle Porter, Nakia Porter and Daniel Porter; Robert Reese, individually and as natural tutor of his minor child, Octavia Reese; Clara Ringo; James Ringo; Carolyn Ringo, individually and as natural tutrix of her minor children, Yolanda Ringo and James Ringo, Jr.; Mildred Ringo, individually and as natural tutrix of her minor children, Terry Ringo and Tammy Ringo; Carrie Robertson, individually and as natural tutrix of her minor child, Jerome Robertson; Gertrude Robinson, individually and as natural tutrix of her minor children, Chyneikah Robinson, Candis Robinson, Corie Robinson, Jessica Robinson, Clarence Robinson and Robert Robinson; Chaney Robertson, Jr.; Bertha Lee Robertson, individually and as natural tutrix of her minor child, Joseph Robertson; Ruby Robertson, individually and as natural tutrix of her minor children, Lionel Jyles and Herbert Jyles; Vera Robinson, individually and as natural tutrix of her minor child, Allen Robinson; Emanuel Ross; Melvin Ross; Deloris H. Scott, individually and as natural tutrix of her minor child, Joseph Scott; Roosevelt Scott; Jennifer Scott, individually and as natural tutrix of her minor child, Brianna Scott; John E. Scott, individually and as natural tutor of his minor child, John Scott; Gus Shropshire; Sally Shropshire, individually and as natural tutrix of her minor child, Willie Shropshire; Pamela Simmons, individually and as natural tutrix of her minor children, La'Clarence Simmons and D'Trentta Simmons; Columbus Small; Arizola Spears, individually and as natural tutrix of her minor child, Ashley Spears; Wendell C. Stewart, individually and as natural tutor of his minor children, Shanderrecca Stewart and Wendolyn Stewart; Gloria Tanner; Gloristine T. Tanner; Andrea Taylor, individually and as natural tutrix of her minor child, Ashley Taylor; Barbara Taylor, individually and as natural tutrix of her minor children, Sheena Taylor and Shayna Taylor; Emmitt Taylor, Jr.; Pamela Taylor; Martha H. Thompson; Melvina Taylor; Robert Taylor; Harriet Taylor, individually and as natural tutrix of her minor children, Darrick Taylor, Robert Taylor, Jr., and Sharon Taylor; Sharon Taylor; Bobbie Jean Tillis, individually and as natural tutrix of her minor children, Brikiyok Tillis and Alberta Tillis; Lenard Tucker; Mittie M. Tucker; Mary Louise Turner, individually and as natural tutrix of her minor children, Carlos Turner, Lee Turner and Donrico Turner; Lylie Bell Wallace; Jaron White, individually and as natural tutor of his minor child, Deionte White; Veria C. White, individually and as natural tutrix of her minor children, Jaworsky White and Deyondra White; Willie White; Lashel Williams, individually and as natural tutrix of her minor children, Christopher Williams and Dowlin Williams; Emma Wright; S.A. Wright; Louise Wright; Bessie Wyre, individually and as natural tutrix of her minor children, Clifford Wyre and Ashley Wyre; Gerald Wyre; Leroy Wyre, individually and as natural tutor of his minor child, Sharoy Wyre; Angela H. Wright, individually and as natural tutrix of her minor children, Brady Holmes and Arabia Wright; Mattie H. Wyre, individually and as natural tutrix of her minor child, Letisha Pitt; Quqquitta Mason, Bobby Jackson; Demetria Jackson, individually and as natural tutrix of her minor children, Niescha Jackson, Lakesha Jackson, Bobby Jackson, Jr., Latrisa Jackson and Demetrius Jackson; Marion Myles; Aleisha Myles; Mella Williams, individually and as natural tutrix of her minor children, Nicholas Williams and Kendrick Williams; Bridget S. Knighten; Ora L. Knighten; Gloria Collins, individually and on behalf of her deceased husband, Charles Collins, and as natural tutrix of her minor children, Kendra Collins and Kelli Collins, Plaintiffs-Appellants, v. TRANSCONTINENTAL GAS PIPE LINE CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Suggestion for Rehearing Denied May 21, 1998.


Attorney(s) appearing for the Case

Paul H. Dué, Baton Rouge, LA, Robert Johnston Carter, Greensburg, LA, Donald Wayne Price, Brandon Scott Andrews, Dué, Caballero, Perry, Price & Guidry, David W. Robertson, Austin, TX, for Plaintiffs-Appellants.

Linda S. Akchin, G. William Jarman, Charles Simon McCowan, III, Connor Bridger Eglin, Kean, Miller, Hawthorne, D'Armond, McCowan & Jarman, Baton Rouge, LA, for Defendant-Appellee.

Shelly Deckert Dick, Forrester, Jordan & Dick, Baton Rouge, LA, for Louisiana Chem., Ass'n, Amicus Curiae.

Before DAVIS, JONES and DENNIS, Circuit Judges.


Rehearing and Suggestion for Rehearing En Banc Denied May 21, 1998.

W. EUGENE DAVIS, Circuit Judge:

Geraldine Ard and approximately 350 other plaintiffs challenge the district court's order refusing to remand this case to the state court. The district court determined that the § 1332 jurisdictional amount was met by aggregating the punitive damage claims. We reverse and remand for further proceedings consistent with this opinion.

I.

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