ARNOLD v. STATE FARM FIRE AND CAS. CO.

Nos. 00-60104, 00-60531.

277 F.3d 772 (2001)

D. Eugene ARNOLD, on behalf of himself and all other residents of the State of Mississippi who own dwellings, and who are otherwise similarly situated, in Jackson, Harrison and/or Hancock Counties, Mississippi, Bobby E. Vining; Daniel B. Story, Plaintiffs-Appellees, v. STATE FARM FIRE AND CASUALTY COMPANY; Allstate Insurance Company, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 28, 2001.


Attorney(s) appearing for the Case

Walter L. Nixon, Jr., Biloxi, MS, Paul S. Minor, Minor & Associates, Biloxi, MS, Richard F. Scruggs, Sidney Andrew Backstrom, Scruggs, Millette, Lawson, Bozeman & Dent, Pascagoula, MS, Paul T. Benton, Law Office of Paul T. Benton, Biloxi, MS, Charles J. Mikhail (argued), Mikhail & Mikhail, Pascagoula, MS, for Plaintiffs-Appellees.

Sidney Katherine Powell (argued), Powell & Reggio, Dallas, TX, John C. Henegan, Sr., Butler, Snow, O'Mara, Stevens & Cannada, Jackson, MS, Deborah Pearce Reggio (argued), Powell & Reggio, New Orleans, LA, for State Farm Fire & Cas. Co.

William C. Griffin, Currie, Johnson, Griffin, Gaines & Myers, Jackson, MS, for Allstate Ins. Co.

Before JONES, DeMOSS, and BENAVIDES, Circuit Judges.


EDITH H. JONES, Circuit Judge:

As its courts have become a mecca for plaintiffs' claims against out-of-state businesses, Mississippi is affording numerous opportunities for federal courts to explore questions of removal jurisdiction and remand. In this diversity case, the district court remanded a putative class action removed from the state court after making three decisions: (a) it implicitly ignored the remaining claims of one named plaintiff who had settled with...

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