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VALDES v. WAL-MART STORES, INC.

No. 99-20519 Summary Calendar.

199 F.3d 290 (2000)

Lupe VALDES, Plaintiff-Appellant, v. WAL-MART STORES, INC.; et al., Defendants, Wal-Mart Stores, Inc.; Terry William, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 12, 2000.

Attorney(s) appearing for the Case

Peter M. Kelly, Miller, Criaco & Kelly, Houston, TX, for Plaintiff-Appellant.

Jimmy Preston Wrotenbery, Kevin D. Jewell, Magenheim, Bateman, Robinson, Wrotenbery & Helfand, Houston, TX, for Defendants-Appellees.

Jimmy Preston Wrotenbery and Kevin D. Jewell, Magenheim, Bateman, Robinson, Wrotenbery & Helfand, Houston, TX, for Terry William, Defendant-Appellee.

Before JOLLY, JONES and SMITH, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

In this appeal, we consider the sole question of whether 28 U.S.C. § 1447(c) requires an award of attorney's fees in each case remanded to the state court because the removal was improper. We make clear that the statute is discretionary. Here, the district court did not abuse its discretion in denying attorney's fees to the plaintiff.

I

Lupe Valdes was abducted at knifepoint from a busy Wal-Mart parking lot at...

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