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JOHNSON v. HEUBLEIN INC.

No. 99-60316.

227 F.3d 236 (2000)

Louis JOHNSON; et al., Plaintiffs, Louis Johnson; Carolyn Newell Johnson; Gulf Machinery Sales and Engineering Corp.; David R. Walker, Plaintiffs-Appellants, v. HEUBLEIN INC.; Canandaigua Wine Company, Inc.; Walter Maslowski, doing business as SETC and/or SETC, Inc., doing business as Salisbury, etc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 7, 2000.

Attorney(s) appearing for the Case

Stephen Michael Maloney (argued), Jackson, MS, Robert A. Biggs, III, Edmonson, Biggs & Mozingo, Jackson, MS, for Plaintiffs-Appellants.

Allan P. Bennett (argued), Cory Todd Wilson, Watkins, Ludlam, Winters & Stennis, Jackson, MS, for Defendants-Appellees.

Before POLITZ, SMITH and DENNIS, Circuit Judges.

DENNIS, Circuit Judge:

Plaintiffs-Appellants appeal from the district court's judgment denying their motion to remand the case to state court on the grounds that it was untimely removed under 28 U.S.C. § 1446(b). We AFFIRM.

I. Facts and Disposition in the District Court

In December 1992, Gulf Machinery Sales and Engineering Corp. ("GSE"), a Florida corporation, entered into a contract with Heublein, Inc., ("Heublein"), a Connecticut corporation...

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