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RAINWATER v. LAMAR LIFE INS. CO.

No. 03-60283.

391 F.3d 636 (2004)

Richard C. RAINWATER and Anna D. Rainwater, Plaintiffs-Appellants, v. LAMAR LIFE INSURANCE CO., Conseco Life Insurance Co., Thomas Stroo and James Payton, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 16, 2004.

Attorney(s) appearing for the Case

Ronald Otto Gaiser, John Christopher Johnston, Gaiser & Associates, Birmingham, AL, Lawrence Elmer Abernathy, III, Abernathy Law Office, Laurel, MS, for the Rainwaters.

F.A. Flowers, III, Paul P. Bolus, Christian Nicole Watson, Burr & Forman, Birmingham, AL, for Lamar Life Ins. Co. and Conseco Life Ins. Co.

Douglas R. Duke, Shell Buford, Jackson, MS, for Stroo.

Norman Gene Hortman, Jr., Deidra Jones Bassi, Christopher Brian McDaniel, Hortman, Harlow, Martindale, Bassi & Robinson, Laurel, MS, for Payton.

Walter D. Willson, Kenna L. Mansfield, Jr., Wells, Marble & Hurst, Jackson, MS, for American Sec. Ins. Co., Amicus Curiae.

Before HIGGINBOTHAM, SMITH, and WIENER, Circuit Judges.

PER CURIAM:

Plaintiffs-Appellants Richard and Anna Rainwater (the "Rainwaters") appeal the district court's denial of their motion to remand this action to Mississippi state court. Specifically, the Rainwaters bring this interlocutory appeal to contest the district court's ruling that Defendants-Appellees Thomas Stroo and James Payton, who are Mississippi residents, were "improperly" joined because of the Rainwaters' inability to establish a cause of action against...

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