ALBARADO v. SOUTHERN PACIFIC TRANSP. CO.

No. 98-30951.

199 F.3d 762 (1999)

Thomas ALBARADO; Larry P. Barrilleaux; A.G. Bradley; Leonard C. Gettridge; Lester A. Thomas; Bryan L. Mayeaux, Jr.; Fred C. Perault; David B. Shill, III; Walter J. Farrell, III; Robert M. Bell, III; Earnest Thibodeaux, Plaintiffs-Appellees, v. SOUTHERN PACIFIC TRANSPORTATION COMPANY; et al., Defendants, Union Pacific Railroad Company, A Delaware Corporation, Previously known as Southern Pacific Railroad Company, in its corporate capacity and as successor by merger to both Union Pacific Railroad Company, a Utah Corporation, and Missouri Pacific Railroad, a Delaware Corporation, formerly known as Southern Pacific Transportation Company; The Kansas City Southern Railway Company, Inc.; Illinois Central Railroad Co., Inc.; CSX Transportation, Inc.; The Burlington Northern and Santa Fe Railway Company; The Alabama Great Southern Railroad Company; Norfolk Southern Railway Company, Inc., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 29, 1999.


Attorney(s) appearing for the Case

Vincent J. Glorioso, Jr., Glorioso Law Firm, New Orleans, LA, Robert Charles Arledge, Vicksburg, MS, Richard B. Schwartz, Schwartz & Associates, Jackson, MS, William W. Ramsey, Ramsey, Andrews & Sorey, H. Dean Andrews, Jr., Vicksburg, MS, Ronald Simon (argued), Simon & Associates, Washington, DC, for Plaintiffs-Appellees.

William H. Howard, III, Alissa Jean Allison, Mark Charles Dodart, Neil C. Abramson, Phelps Dunbar, New Orleans, LA, for Union Pac. R. Co.

James Stanton Whitehead (argued), Sidley & Austin, Chicago, IL, for Defendants-Appellants.

Patrick A. Talley, Jr., Greg A. Pellegrini, Frilot, Partridge, Kohnke & Clements, New Orleans, LA, for Kansas City Southern Ry. Co. and Burlington, Northern & Santa Fe Ry. Co.

David S. Kelly, Lemle & Kelleher, New Orleans, LA, for Illinois Central RR.

Charlotte G. Bordenave, Roy J. Rodney, Jr., Rodney, Bordenave, Boykin, Bennette & Boyle, New Orleans, LA, for CSX Transp., Inc.

Mark Edward Van Horn, Benjamin R. Slater, Jr., Donald J. Miester, Jr., Slater Law Firm, New Orleans, LA, for The Alabama Great Southern R. Co. and Norfolk Southern Ry. Co.

Before JONES, DeMOSS and DENNIS, Circuit Judges.


DeMOSS, Circuit Judge:

The defendants-appellants Union Pacific Railroad Company, et al. (collectively the "Rail Carriers") appeal the district court's order remanding this case to the state court from which it was removed. For the reasons discussed below, we conclude that we are without jurisdiction and therefore dismiss the appeal.1

I. BACKGROUND

The plaintiffs are all employees of the defendant Rail Carriers. They originally...

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