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WOODS v. TEXAS AGGREGATES, L.L.C.

No. 05-50345.

459 F.3d 600 (2006)

James H. WOODS, Plaintiff-Appellant, v. TEXAS AGGREGATES, L.L.C., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 3, 2006.

Attorney(s) appearing for the Case

Jerry J. Galow (argued), Gregory Dale Morrison, Galow, Smith & Morrison, Austin, TX, for Woods.

Roger D. Hepworth (argued), George J. Petras, IV, Henslee, Fowler, Hepworth & Schwartz, Austin, TX, for Defendant-Appellee.

Before SMITH, GARZA and OWEN, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

James Woods appeals the denial of his motion to remand to state court and the orders dismissing and compelling arbitration of this case. Because the district court lacked jurisdiction over Woods's state law claim, we reverse and remand.

I.

Woods, a former employee of the defendant, Texas Aggregates, L.L.C. ("Texas Aggregates"), was injured on the job. He brought a common law suit in Texas state court, alleging that...

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