FRAZIER v. PIONEER AMERICAS LLC

No. 06-30434.

455 F.3d 542 (2006)

Claude FRAZIER; Pauline Adams; Rosetta Andrews; Connie Batiste; Angela Braud; Debbie Brown; Cheryl Butler, on behalf of Jeron Butler; Lestly Collins; Boyd Craft; Idell Frazier; Tiffany Gustave, on behalf of Amelia Gustave, on behalf of Jeremy Gustave, on behalf of Ryneisha Jackson, on behalf of Audia Jackson, Vernon Kelly; Jade Oubre, on behalf of Kameryn Oubre, on behalf of K'endrick Oubre, on behalf of Kirstein Oubre; Larry Phillips, Jr.; Edward Porter; Tim Spillman; Amelia Walls; Stacy Wilson, Plaintiffs-Appellants, v. PIONEER AMERICAS LLC; State of Louisiana, through the Department of Environmental Quality, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 6, 2006.


Attorney(s) appearing for the Case

Joseph Charles Possa, Stephanie M. Possa, Tyler & Possa, Baton Rouge, LA, for Plaintiffs-Appellants.

Bradley Charles Myers, Kyle B. Beall, Katie Lynn Deranger, Kean, Miller, Hawthorne, D'Armond, McCowan & Jarman, Baton Rouge, LA, for Pioneer Americas LLC.

Patrick B. McIntire, William Martin Hudson, III, Oats & Hudson, Lafayette, LA, Clifton O. Bingham, Jr., Oats & Hudson, Baton Rouge, LA, for State of Louisiana.

Before HIGGINBOTHAM, BENAVIDES and OWEN, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

Named plaintiffs of a putative class appeal denial of remand to Louisiana state court, arguing that the case was not removable under the Class Action Fairness Act. We AFFIRM.

I

Defendant Pioneer Americas, a Canadian company and citizen, operated hydrogen processing equipment in its St. Gabriel, Louisiana facility. By Pioneer's admission, an amount of mercury almost double that allowed by its federal permits...

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