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SMITH v. RUSH RETAIL CENTERS, INC.

No. 03-50897 Summary Calendar.

360 F.3d 504 (2004)

Cole SMITH, Plaintiff-Counter-Defendant-Appellant, v. RUSH RETAIL CENTERS, INC., Defendant-Counter-Claimant-Appellee.

United States Court of Appeals, Fifth Circuit.

Filed March 3, 2004.

Attorney(s) appearing for the Case

Durwood Douglas Crawfiord, Goins, Underkofler, Crawford & Langdon, Dallas, TX, for Smith.

W. Wendell Hall, Rosemarie Kanusky, Cyndi Michelle Benedict, Fulbright & Jaworski, San Antonio, TX, for Rush Retail Centers, Inc.

Before HIGGINBOTHAM, DAVIS and PRADO, Circuit Judges.

PER CURIAM:

Cole Smith filed suit in the district court seeking to vacate an arbitration award entered in favor of Smith's former employer, Rush Retail Centers, Inc. (Rush). Although Rush did not object to the district court's jurisdiction, a magistrate judge determined that there was no basis for federal jurisdiction because the parties were not diverse and the complaint did not allege a federal question. Over Smith's objections, the district court concurred with...

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