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GRAY EX REL. RUDD v. BEVERLY ENTERPRISES-MISS.

Nos. 03-60528, 03-60712 and 03-60768.

390 F.3d 400 (2004)

Letha M. GRAY, by and through Elle RUDD, as Next Friend for the use and benefit of Letha M. Gray, also known as Letha M. Gary, Plaintiff-Appellant, v. BEVERLY ENTERPRISES-MISSISSIPPI, INC., et al., Defendants, Beverly Enterprises-Mississippi, Inc.; Beverly Health and Rehabilitation Services, Inc.; James C. Landers; David Devereaux; David R. Banks; Lewis Sewell; Charles R. Sinclair; Bobbie Lucille Blackard; Alicha D. Lindsay, Defendants-Appellees. Mary Boddie, Individually and on Behalf of the Estate and Wrongful Death Beneficiaries of David Green, Plaintiff-Appellant, v. Beverly Enterprises-Mississippi, Inc.; Beverly Health and Rehabilitation Services, Inc.; James C. Landers; David R. Devereaux; David R. Banks; Lewis G. Sewell; Charlie R. Sinclair, Jr., also known as Chuck Sinclair; John Does 1-10, Defendants-Appellees, Unidentified Entities 1-10, Appellee. Geneva G. Rushing, by and through Dorothy Sheriff, Her Conservator, for the use and benefit of Geneva G. Rushing, Plaintiff-Appellant, v. Beverly Enterprises-Mississippi, Inc.; Beverly Health and Rehabilitation Services, Inc.; James C. Landers; David R. Devereaux; David R. Banks; Lewis Sewell; Charlie R. Sinclair, Jr., also known as Chuck Sinclair; Alicha Lindsay; John Does 1-10; Unidentified Entities 1-10, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 9, 2004.

Attorney(s) appearing for the Case

Robert Roy Burford, Caren Schmulen Sweetland (argued), Jeremy Leon Doyle, Gibbs & Bruns, Houston, TX, James B. McHugh, Christine Connely Althoff, Wilkes & McHugh, Hattiesburg, MS, for Gray.

Paul Villere Lagarde (argued), Andrew Christopher Clausen (argued), Alford, Clausen & McDonald, Mobile, AL, Senith C. Tipton, Michael Earl Phillips, Stephanie Gee Beaver, Faye Murphree James, Wilkins, Stephens & Tipton, Jackson, MS, John S. Baker, Louisiana State University, Paul M. Hebert Law Center, Baton Rouge, LA, for Defendants-Appellees.

John L. Maxey, II, Maxey, Wann, Fyke & Hawkins, Jackson, MS, for Mississippi Health Care Ass'n.

Before SMITH and GARZA, Circuit Judges, and VANCE, District Judge.

JERRY E. SMITH, Circuit Judge:

The plaintiffs bring this consolidated interlocutory appeal challenging orders denying their motions for remand to state court after the defendants removed these actions to federal district court. Because the relevant Mississippi law is, at a minimum, ambiguous, there is "arguably a reasonable basis for predicting that the state law might impose liability on the facts involved...." Travis v. Irby, 326 F.3d 644...

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