IN RE CRYSTAL POWER CO., LTD.

No. 11-40115.

641 F.3d 78 (2011)

In re: CRYSTAL POWER COMPANY, LTD., Petitioner.

United States Court of Appeals, Fifth Circuit.

March 21, 2011.


Attorney(s) appearing for the Case

Michael M. Phillips , Angleton, TX, for Petitioner.

Meredith Bishop Parenti , John B. Strasburger , Weil, Gotshal & Manges, L.L.P., Houston, TX, for Coastal Salvadoran Power, Ltd. and Coastal Nejapa, Ltd.

Tom Alan Cunningham , Cunningham Darlow, L.L.P., Houston, TX, for Greenberg Traurig, PA.

Kenneth R. Breitbeil , McFall, Breitbeil & Schults, P.C., Houston, TX, for McFall, Breitbeil & Schults, P.C.

Constance O'Doherty Barnes , Boyer & Ketchand, Houston, TX, for R. Dean Graves and Alvarez & Marsal, Inc.

John A. Irvine , Nancy Hahn Elliott , Porter & Hedges, L.L.P., Houston, TX, for Banco Agricola, S.A., Banco HSBC Salvadoreno, S.A. and Banco G&T Continental El Salvador, S.A.

Before HIGGINBOTHAM, SMITH and PRADO, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge.

Crystal Power Company, Ltd. filed this suit in Texas state court in 2002. The case was removed to federal court in 2010 by an intervening plaintiff who became named as the defendant on several cross-claims. Because the removal statute may only be invoked by a true defendant, not a cross-defendant, we grant the petition for writ of mandamus and instruct the district court to remand the case to state court.

I

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