Legal Opinion

In Re Excel Corporation, Cargill, Incorporated Freddie Franklin Steve Steffe

Court of Appeals for the Fifth Circuit

Decided February 19, 1997No. 96-41220PublishedCited by 21 opinions

1Opinion of the Court

BY THE COURT:

Petitioners Excel Corporation (Excel), Cargill, Inc. (Cargill), Freddie Franklin, and Steve Steffe (collectively “the defendants”) filed this petition for writ of mandamus pursuant to 29 U.S.C. § 1651 and Fed.R.App.P. 21(a). The defendants ask this court to issue a writ of mandamus directing the district court to vacate its order that consolidated, for purposes of remand, the claims and parties of the eight underlying cases at issue. Because we hold that the district court erred in consolidating these cases and remanding the cases on the basis of that consolidation order, we…

2Cases cited17 opinions

  1. Carnegie-Mellon University v. CohillSupreme Court of the United States · 1988
  2. Quackenbush v. Allstate InsuranceSupreme Court of the United States · 1996
  3. Thermtron Products, Inc. v. HermansdorferSupreme Court of the United States · 1976
  4. Leitch v. HornsbyTexas Supreme Court · 1996
  5. Things Remembered, Inc. v. PetrarcaSupreme Court of the United States · 1995

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3Cited by21 opinions

  1. Cobb v. Delta Exports, Inc.Court of Appeals for the Fifth Circuit · 1999
  2. In Re: BETHESDA MEMORIAL HOSPITAL, INC., PetitionerCourt of Appeals for the Eleventh Circuit · 1997
  3. In re United States Brass Corp.Court of Appeals for the Seventh Circuit · 1997
  4. Schexnayder v. Entergy Louisiana, Inc.Court of Appeals for the Fifth Circuit · 2004
  5. In the Matter of United States Brass Corporation, Debtor. Appeals of United States Brass Corporation, Eljer Industries, Inc., and Eljer Manufacturing, Inc. In the Matter of United States Brass Corp., Eljer Manufacturing, Inc., and Eljer Industries, Inc.Court of Appeals for the Seventh Circuit · 1997

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