COBB v. DELTA EXPORTS, INC.

No. 98-30539.

186 F.3d 675 (1999)

Johnny Leroy COBB and Margaret C. Cobb, Plaintiffs-Appellants, v. DELTA EXPORTS, INCORPORATED; Penn-American Insurance Company; and Waste Management of Louisiana, L.L.C., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 7, 1999.


Attorney(s) appearing for the Case

Robert G. Jackson, Ronald Joseph Savoie, Jackson, Jackson & Wyble, Baton Rouge, LA, for Plaintiffs-Appellants.

Richard A. Chopin, Chopin, Wagar, Cole, Richard, Reboul & Kutcher, Metairie, LA, for Defendants-Appellees.

Before JOLLY and SMITH, Circuit Judges, and STAGG, District Judge.


JERRY E. SMITH, Circuit Judge:

Johnny and Margaret Cobb appeal the denial of their motion to remand to state court for want of subject matter jurisdiction. In the alternative, they appeal the summary judgment in favor of each defendant. We reverse the denial of remand and, accordingly, do not reach the merits of the summary judgment.

I.

Johnny Cobb ("Cobb") was operating his vehicle on a city street in Lake Charles, Louisiana, when a piece of heavy...

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