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FIRST NAT. BANK OF PULASKI v. CURRY

No. 00-6046.

301 F.3d 456 (2002)

FIRST NATIONAL BANK OF PULASKI, Plaintiff, v. John T. CURRY et al., Defendants/Counter and Third-Party Plaintiffs-Appellees, Henry, Henry & Speer, P.C., et al., Defendants/Third-Party Defendants-Appellants, William R. Horne et al., Third-Party Defendants. Johnnie M. Curry, Plaintiff-Appellee, v. First National Bank of Pulaski et al., Defendants, Henry, Henry & Speer, P.C., et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 21, 2002.

Attorney(s) appearing for the Case

Charles W. Holt, Jr. (Argued), George B. Boston (briefed), Boston, Holt & Sockwell, Lawrenceburg, TN, for Defendants-Appellees.

Winston S. Evans (argued and briefed), William Burgin Hawkins, III (briefed), Evans, Jones & Reynolds, Nashville, TN, for Third Party-Appellants.

Before: MERRITT, BOGGS, and MOORE, Circuit Judges.

OPINION

MOORE, Circuit Judge.

The Appellants in this appeal challenge the remand to state court of two cases consolidated by the district court ("the consolidated case"). The first case ("the removed case") was initiated in state court by the First National Bank of Pulaski ("the Bank") against various members of the Curry family as well as two Curry-owned partnerships (Appellees John T. Curry, Carroll M. Curry, Cathy Curry,

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