Legal Opinion

In Re Digicon Marine, Inc., Digicon Geophysical Corp., Sealfleet, Sealcraft Operators, Inc. And Three R. Trust

Court of Appeals for the Fifth Circuit

Decided June 25, 1992No. 92-2418PublishedCited by 48 opinions

1Opinion of the Court

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Petitioner Digicon Marine requests a writ of mandamus requiring the district court to reverse its order remanding this case to the 136th Judicial District of Jefferson County, Texas. We grant the petition for writ of mandamus because the motion for remand was filed more than 30 days after the filing of notice of removal. 28 U.S.C. § 1447(c).

Plaintiff Shirley was injured while working as a research employee aboard a boat conducting seismic research in the Gulf of Mexico. Shirley brought suit under the Jones Act and general maritime common law in the Texas…

2Cases cited4 opinions

  1. Browning v. NavarroCourt of Appeals for the Fifth Circuit · 1984
  2. Victor C. Baris v. Sulpicio Lines, Inc., Caltex Petroleum, Inc., Caltex Petroleum Corporation, and Caltex Oil CorporationCourt of Appeals for the Fifth Circuit · 1991
  3. In Re Mitchell Dutile, Nichole Dutile and Ashley DutileCourt of Appeals for the Fifth Circuit · 1991
  4. Aquafaith Shipping, Ltd. v. JarillasCourt of Appeals for the Fifth Circuit · 1992

3Cited by48 opinions

  1. Ragas v. Tennessee Gas Pipeline Co.Court of Appeals for the Fifth Circuit · 1998
  2. Morris v. Princess Cruises, Inc.Court of Appeals for the Ninth Circuit · 2001
  3. Michael Lee Thomas v. Ltv CorporationCourt of Appeals for the Fifth Circuit · 1994
  4. Trans Penn Wax Corporation v. Michael MccandlessCourt of Appeals for the Third Circuit · 1995
  5. Gilda F. Williams v. Ac Spark Plugs Division of General Motors CorporationCourt of Appeals for the Fifth Circuit · 1993

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