ENOCHS v. LAMPASAS COUNTY

No. 10-50029.

641 F.3d 155 (2011)

Clarence ENOCHS, Plaintiff-Appellant, v. LAMPASAS COUNTY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 17, 2011.


Attorney(s) appearing for the Case

Delta S. Best , Allison L. Spruill (argued), Best & Spruill, P.C., Austin, TX, for Plaintiff-Appellant.

Stuart Gregory Smith (argued), Enid Allyn Wade , Naman, Howell, Smith & Lee, P.L.L.C., Waco, TX, for Defendant-Appellee.

Before KING, DeMOSS and PRADO, Circuit Judges.


DeMOSS, Circuit Judge:

This appeal asks us to determine whether the district court abused its discretion by failing to remand the case to Texas state court after all federal claims had been deleted and only Texas state law claims remained. For the following reasons, we find that the district court abused its discretion when it denied Clarence Enochs's motion to remand. We therefore vacate the district court's grant of summary judgment in favor of Lampasas County on...

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