WASTE CONTROL SPECIALISTS v. ENVIROCARE OF TEXAS

No. 98-50952.

199 F.3d 781 (2000)

WASTE CONTROL SPECIALISTS, LLC, Plaintiff-Appellant, v. ENVIROCARE OF TEXAS, INC.; et al., Defendants, Envirocare of Texas, Inc; Envirocare of Utah, Inc.; Khosrow B. Semnani; Charles A. Judd; Frank C. Thorley, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 18, 2000.


Attorney(s) appearing for the Case

Sidney Katherine Powell (argued), Powell & Associates, Dallas, TX, Deborah Ann Pearce-Reggio, River Ridge, LA, for Plaintiff-Appellant.

Roy Q. Minton, Martha S. Dickie, Minton, Burton, Foster & Collins, Austin, TX, Richard Dolman Davis, Jr., Cotton, Bledsoe, Tighe & Dawson, Midland, TX, Don C. Lewis (argued), Verner, Liipfert, Bernhard, McPherson & Hand, Washington, DC, for Defendants-Appellees.

Before REYNALDO G. GARZA, JOLLY and WIENER, Circuit Judges.


E. GRADY JOLLY, Circuit Judge:

The issues presented in this appeal are, first, whether the district court erred in failing to remand this antitrust and business tort case to the state court by concluding that the complaint fell within the artful pleading doctrine and, second, whether the plaintiff waived its right to challenge federal jurisdiction because, after its efforts to remand had failed, it amended its complaint to state a federal claim.

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