Legal Opinion
McClelland v. Gronwaldt
Court of Appeals for the Fifth Circuit
Decided September 10, 1998No. 18-70035PublishedCited by 158 opinions
1Opinion of the Court
GARWOOD, Circuit Judge.
Plaintiff-appellant Jerry C. McClelland (McClelland) requested and received certification under 28 U.S.C. § 1292(b) to appeal the district court’s denial of his motion to remand his suit to state court. We hold that the district court erred in denying McClel-land’s motion to remand, and we reverse the district court’s order and direct that the case be remanded to the state court.
Facts and Proceedings Below
In 1988, McClelland was allegedly injured in the course of his employment at a refinery located in Beaumont, Texas, and operated by his employer, defendant-appellee…
2Cases cited37 opinions
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- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
- Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
- Lingle v. Norge Division of Magic Chef, Inc.Supreme Court of the United States · 1988
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3Cited by158 opinions
- Smith v. Amedisys Inc.Court of Appeals for the Fifth Circuit · 2002
- Clarence Enochs v. Lampasas CountyCourt of Appeals for the Fifth Circuit · 2011
- Arnold v. Garlock, Inc.Court of Appeals for the Fifth Circuit · 2001
- Mendoza v. MurphyCourt of Appeals for the Fifth Circuit · 2008
- Quaestor Investments, Inc. v. State of ChiapasTexas Supreme Court · 1999
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