Legal Opinion

Billy Max Brown v. Demco, Inc. v. Employers Casualty Co., Intervenor-Appellant

Court of Appeals for the Fifth Circuit

Decided June 18, 1986No. 85-4709PublishedCited by 190 opinions

1Opinion of the Court

ALVIN B. RUBIN, Circuit Judge:

A defendant who was added to a state court action when it had been pending for four years maintains that it has the right to remove the action to federal court. The action was removable when filed because it involved parties diverse in citizenship and removal is sought on the basis of diversity. Finding that removal was improvident, we reverse the order of the district court refusing to remand the case.

I

Billy Max Brown was injured while working as a roughneck on a land-based oil rig in Lincoln Parish, Louisiana. In December 1980 Brown filed an action in Louisiana…

2Cases cited11 opinions

  1. Shamrock Oil & Gas Corp. v. SheetsSupreme Court of the United States · 1941
  2. Grubbs v. General Electric Credit Corp.Supreme Court of the United States · 1972
  3. John Baxter Butler, Administrator of the Estate of Agnes Adeline Butler, Deceased v. Billy N. Polk, Etc., United States Fidelity & Guaranty Co.Court of Appeals for the Fifth Circuit · 1979
  4. Dale J. Leininger v. Sue Ann LeiningerCourt of Appeals for the Fifth Circuit · 1983
  5. Paxton v. WeaverCourt of Appeals for the Fifth Circuit · 1977

6 more not listed; retrieve them via the Exa API.

3Cited by190 opinions

  1. Getty Oil Corporation, Succeeded by and a Division of Texaco, Inc. v. Insurance Company of North AmericaCourt of Appeals for the Fifth Circuit · 1988
  2. Destfino v. ReiswigCourt of Appeals for the Ninth Circuit · 2011
  3. Leffall v. Dallas Independent School DistrictCourt of Appeals for the Fifth Circuit · 1994
  4. Jeffrey D. Brierly, Administrator of the Estate of Paul Brierly v. Alusuisse Flexible Packaging, Inc. David EllisonCourt of Appeals for the Sixth Circuit · 1999
  5. Texas Brine Company, L.L.C. v. Amer Arbitration AsCourt of Appeals for the Fifth Circuit · 2020

185 more not listed; retrieve them via the Exa API.

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