Legal Opinion

Greg and Paige Eastus v. Blue Bell Creameries, L.P.

Court of Appeals for the Fifth Circuit

Decided October 15, 1996No. 95-10873PublishedCited by 93 opinions

1Opinion of the Court

JERRY E. SMITH, Circuit Judge:

Blue Bell Creameries, L.P. (“Blue Bell”), appeals the remand of two state law claims under 28 U.S.C. § 1441(e). Concluding that the statute does not authorize remand of one of these claims, we reverse as to that claim, affirm as to the other, and remand.

I

Greg Eastus worked for Blue Bell for over ten years, mostly as a route salesman. On July 12, 1994, Eastus asked for time off because he expected his wife, Paige Eastus, to give birth. According to Greg Eastus, his immediate supervisor told him two days later that the branch manager had threatened to fire him if…

2Cases cited25 opinions

  1. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  2. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  3. Shamrock Oil & Gas Corp. v. SheetsSupreme Court of the United States · 1941
  4. Catlin v. United StatesSupreme Court of the United States · 1945
  5. Quackenbush v. Allstate InsuranceSupreme Court of the United States · 1996

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3Cited by93 opinions

  1. Smith v. Amedisys Inc.Court of Appeals for the Fifth Circuit · 2002
  2. Bosky v. Kroger Texas, LPCourt of Appeals for the Fifth Circuit · 2002
  3. Giles v. NYLCare Health Plans, Inc.Court of Appeals for the Fifth Circuit · 1999
  4. Curtis Morgan v. Dow Chemical CompanyCourt of Appeals for the Fifth Circuit · 2018
  5. Metro Ford Truck Sales, Inc. v. Ford Motor Co.Court of Appeals for the Fifth Circuit · 1998

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