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H&D TIRE AND AUTOMOTIVE-HARDWARE v. PITNEY BOWES

No. 99-40430.

250 F.3d 302 (2001)

H&D TIRE AND AUTOMOTIVE-HARDWARE INC., et al., Plaintiffs, H&D Tire and Automotive-Hardware Inc.; Beard Plumbing Co.; Jones & Jones, Inc., Plaintiffs-Appellants, v. PITNEY BOWES INC., et al., Defendants, Pitney Bowes Inc.; Pitney Bowes Credit, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 30, 2001.

Attorney(s) appearing for the Case

Charles W. Cunningham (argued), Rosemary T Snider, Samuel Franklin Baxter, McKool Smith, Britton David Monts, Steven Nelson Williams, Monts & Ware, Dallas, TX, for Plaintiffs-Appellants.

Michael V. Ciresi (argued), Jan M. Conlin, Richard R. Martinez, Robins, Kaplan, Miller & Ciresi, Minneapolis, MN, Rickey Lawrence Faulkner, Thomas John Ward, Brown, McCarroll, Oaks and Hartline, Longview, TX, for Defendants-Appellees.

Before POLITZ, GIBSON and HIGGINBOTHAM, Circuit Judges.

PER CURIAM:

Pitney Bowes moved for panel rehearing and rehearing en banc, following our decision to vacate this case for lack of jurisdiction.1 We remain convinced that the federal courts have no jurisdiction over this case.

It began in a Texas state court in February of 1995. Plaintiffs, H&D Tire, Beard, and Jones & Jones, sued on behalf of a class of persons allegedly the victims...

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