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ROSS v. CITIFINANCIAL, INC.

Nos. 02-60608, 02-60609.

344 F.3d 458 (2003)

Susie Ross; Denita Johnson; James Curtis; Larry Pickens; Doris King; Karen Whitley; Ruby Magee; Roy Allen, Jr.; Chester Newman; Sharon White, Plaintiffs-Appellants, v. Citifinancial, Inc., a Maryland Corporation, formerly known as First Family Financial Services, Inc.; Citifinancial, Inc., a Maryland Corporation, formerly known as Commercial Credit of Mississippi; Citifinancial, Inc., a Tennessee Corporation, formerly known as Commercial Credit of Mississippi; Citifinancial Services, Inc., a Georgia Corporation; Union Security Life Insurance Company; American Security Insurance Company; Tracy Mitchell; Darla Farmer; Joe Smith, Defendants-Appellees. Denise Howard; Lena Chambers; Priscilla Chalmers; Betty Whitley; Faye Denise Logan; Carol Buseck; Kelvin Johnson; Phillip Gordon; Debbie Gordon; Alisha F. Wilson; Margaret Haymon; Wanda Allen; Monroe Hoggatt; Eugene Haymon; Eva Parker Hall, Plaintiffs-Appellants, v. Citifinancial, Inc., a Maryland Corporation, formerly known as First Family Financial Services, Inc.; Citifinancial, Inc., a Maryland Corporation, formerly known as Commercial Credit of Mississippi; Citifinancial, Inc., a Tennessee Corporation, formerly known as Commercial Credit of Mississippi; Citifinancial Services, Inc., a Georgia Corporation; Union Security Life Insurance Company; American Security Insurance Company; Tracy Mitchell; Darla Farmer; Joe Smith; John Does 1-50; Valerie Stevens, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 29, 2003.

Attorney(s) appearing for the Case

Joe Nathan Tatum, Tatum & Wade, Jackson, MS, for Plaintiffs-Appellants.

Richard H. Sinkfield and Christopher J. Willis (argued), Rogers & Hardin, Atlanta, GA, Fred H. Krutz, III, Roland M. Slover, Forman, Perry, Watkins, Krutz & Tardy, Jackson, MS, for Citifinancial Inc., Citifinancial Services Inc., Mitchell, Farmer and Smith.

Walter D. Willson (argued), Kenna L. Mansfield, Jr., Wells, Marble & Hurst, Jackson, MS, for Union Sec. Life Ins. Co. and American Sec. Ins. Co.

Emerson Barney Robinson, III, Butler, Snow, O'Mara, Stevens & Cannada, Jackson, MS, for Mississippi Bankers Ass'n.

Before SMITH, WIENER, and BARKSDALE, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

For these consolidated 28 U.S.C. § 1292(b) interlocutory appeals from remand-denials where diversity-jurisdiction removal was based on fraudulent joinder, at issue is whether there is arguably a reasonable basis for predicting the non-diverse defendants could be liable under Mississippi law and, therefore, not fraudulently joined. AFFIRMED; REMANDED.

I.

Plaintiffs, all Mississippi residents...

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