Gladys Madison, Guardian for Viola Williams v. Vintage Petroleum, Inc., Henry Lee Williams v. Vintage Petroleum, Inc., G.B. "Boots" Smith Company

POLITZ, Chief Judge:

Henry Lee Williams appeals a judgment granting G.B. “Boots” Smith Corporation’s motion to dismiss and denying Williams’s motion to remand to state court. Concluding that the district court erred in finding that Boots Smith was fraudulently joined, we vacate and remand to the district court with instructions to remand to state court.

Background,

On September 9, 1993 Gladys Madison, acting as guardian of Viola Williams, filed suit in Mississippi state court against Vintage Petroleum, Inc., Placid Oil Company, and Texas International Petroleum Corporation, all of whom operated…