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SPIVEY v. CHITIMACHA TRIBE OF LOUISIANA

No. 22-30436.

79 F.4th 444 (2023)

Montie SPIVEY, Plaintiff-Appellant, v. CHITIMACHA TRIBE OF LOUISIANA; Cypress Bayou Casino & Hotel; April Wyatt; Jacob Darden; Toby Darden; Jacqueline Junca, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED August 16, 2023.

Attorney(s) appearing for the Case

Huntington B. Downer, Jr. , Attorney, Waitz & Downer, Houma, LA, for Plaintiff-Appellant.

Michael Murphy , James Nichols , George D. Ernest, III, Esq. , Jacobson Law Group, Saint Paul, MN, George D. Ernest, III, Esq. , Hurlburt, Monrose & Ernest, Lafayette, LA, for Defendants-Appellees.

Before Clement, Oldham, and Wilson, Circuit Judges.

The question presented in this appeal is whether 28 U.S.C. § 1447(c) includes an unwritten futility exception. It does not.

I.

Appellant Montie Spivey is the former Chief Financial Officer of the Cypress Bayou Casino. The Casino is owned by the Chitimacha...

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