Legal Opinion

Smallwood v. Illinois Central Railroad

Court of Appeals for the Fifth Circuit

Decided December 1, 2003No. 02-60782PublishedCited by 20 opinions

1Opinion of the Court

ON PETITION FOR REHEARING

Before KING, Chief Judge, and HIGGINBOTHAM and STEWART, Circuit Judges. PATRICK E. HIGGINBOTHAM, Circuit Judge:

Appellees Illinois Central and Mississippi Department of Transportation have moved for rehearing following our decision ordering remand of this case to state court.1 Appellees contend that our decision conflated the removal rules applicable to federal question jurisdiction with those governing diversity removal. Treating ap-pellees’ petitions for en banc rehearing as petitions for panel rehearing, the petitions for panel rehearing are denied.

In this case, we…

2Cases cited9 opinions

  1. Strawbridge v. CurtissSupreme Court of the United States · 1806
  2. Travis v. IrbyCourt of Appeals for the Fifth Circuit · 2003
  3. Chesapeake & Ohio Railway Co. v. CockrellSupreme Court of the United States · 1914
  4. Gerry M. Griggs v. State Farm Lloyds Lark P. BlumCourt of Appeals for the Fifth Circuit · 1999
  5. Wecker v. National Enameling & Stamping Co.Supreme Court of the United States · 1907

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3Cited by20 opinions

  1. McKee v. Kansas City Southern Railway Co.Court of Appeals for the Fifth Circuit · 2004
  2. In Re New England Mutual Life Insurance Co. Sales Practices LitigationDistrict Court, D. Massachusetts · 2004
  3. Fidelity Homestead Ass'n v. Hanover InsuranceDistrict Court, E.D. Louisiana · 2006
  4. SIMMONS EX REL. SIMMONS v. Norfolk S. Ry. Co.District Court, S.D. Illinois · 2004
  5. Ghrigsby v. Kansas City Southern Ry. Co.Louisiana Court of Appeal · 2004

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