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SCHEXNAYDER v. ENTERGY LOUISIANA, INC.

No. 03-31138.

394 F.3d 280 (2004)

Arthur SCHEXNAYDER, Jr.; Alice Labat; Estate of Theodore Dreyfus Inc.; Lebeouf Real Estate, Plaintiffs-Appellees, Fear Farms, Inc., Intervenor Plaintiff-Appellee, v. ENTERGY LOUISIANA, INC.; Entergy Services Inc.; Entergy Technology Holding Company; Entergy Technology Company, Defendants-Appellants. Lebeouf Real Estate, Plaintiff-Appellee, Fear Farms Inc., Intervenor Plaintiff-Appellee, v. Entergy Louisiana Inc.; Entergy Services Inc.; Entergy Technology Holding Company; Entergy Technology Company, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 13, 2004.

Attorney(s) appearing for the Case

Michael Ray Mangham (argued), Mangham & Fuqua, Lafayette, LA, Victor L. Marcello, Talbot, Carmouche & Marcello, Gonzales, LA, Brian Andrew Eddington, Baton Rouge, LA, for Schexnayder, Labat and Estate of Theodore Dreyfus Inc.

Nathan J. Folse, Baton Rouge, LA, for Lebeouf Real Estate.

David Earl James, Stevens, Baldo & Freeman, Beaumont, TX, for Fear Farms Inc.

Ewell E. Eagan, Jr. (argued), Martin E. Landrieu, Wendy Hickok Robinson, Gordon, Arata, McCollam, Duplantis & Eagan, Marcus Van Brown, Entergy Corp., New Orleans, LA, Vincent J. Sotile, Jr., Dugas, LeBlanc & Sotile, Donaldsville, LA, for Defendants-Appellants.

Before DeMOSS, DENNIS and CLEMENT, Circuit Judges.

EDITH BROWN CLEMENT, Circuit Judge:

Energy services company appeals a district court's remand of its consolidated case to state court. Although a remand order is typically unreviewable, the company argues that the district court acted outside of its authority by basing its order on reasons not given in the opposing party's motion. Because we find no support either in the removal statute or our case law for the company's argument, we reject it and dismiss the appeal...

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