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CUMPIAN v. ALCOA WORLD ALUMINA, L.L.C.

No. 17-40825.

910 F.3d 216 (2018)

Oscar CUMPIAN, Plaintiff-Appellant, v. ALCOA WORLD ALUMINA, L.L.C.; Stephen Alvarado; Palacios Marine & Industrial Coatings, Incorporated, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED December 6, 2018.

Attorney(s) appearing for the Case

Adam Quentin Voyles, Esq. , Justin Ryan Goodman, Esq. , Lubel Voyles, L.L.P., Houston, TX, for Plaintiff-Appellant.

Melissa J. Tea , K & L Gates, L.L.P., Pittsburgh, PA, Robert Sean Brennan, Jr. , K & L Gates, L.L.P., Houston, TX, David J. Dunn , Dunn, Weathered, Coffey, Rivera & Kasperitis, P.C., Corpus Christi, TX, for Defendants-Appellees.

Before JONES, CLEMENT, and SOUTHWICK, Circuit Judges.

The plaintiff appeals from a summary judgment dismissing his suit. The threshold question presented is whether the district court properly denied the motion to remand this action to state court due to the absence of diversity jurisdiction. There was error. We VACATE the judgment and REMAND with instructions that...

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