Legal Opinion
State of Texas v. Gulf Water Benefaction Co. And Robert E. Pine, Individually and in His Proper Capacity as Trustee, Etc.
Court of Appeals for the Fifth Circuit
Decided June 25, 1982No. 81-2371PublishedCited by 29 opinions
1Opinion of the Court
ALVIN B. RUBIN, Circuit Judge:
Gulf Water Benefaction Co., through Robert E. Pine, seeks to remove from state to federal court its state criminal prosecution for violation of Texas water pollution laws. The district court dismissed the petition for removal because it does not allege a race-based civil rights violation. We affirm.
Ordinarily, an order remanding a case to the state court from which it was removed is not reviewable on appeal or otherwise. 28 U.S.C. § 1447(d). However, an exception is made for an order remanding to state court a case removed, pursuant to 28 U.S.C. § 1443, on the…
2Cases cited5 opinions
- Johnson v. MississippiSupreme Court of the United States · 1975
- Albonetti v. GAF Corporation-Chemical GroupDistrict Court, S.D. Texas · 1981
- Janet K. Robertson, and Husband, Mark Robertson v. Jack J. Ball, and Wife, Viola BallCourt of Appeals for the Fifth Circuit · 1976
- Gulf Water Benefaction Company, Peoples National Utility Company v. The Public Utility Commission of Texas and the State of TexasCourt of Appeals for the Fifth Circuit · 1982
- Dunscombe v. SayleCourt of Appeals for the Fifth Circuit · 1965
3Cited by29 opinions
- John M. Hagerty v. Succession of Laura McCloskey ClementCourt of Appeals for the Fifth Circuit · 1984
- Coghlan v. StarkeyCourt of Appeals for the Fifth Circuit · 1988
- Coghlan v. StarkeyCourt of Appeals for the Fifth Circuit · 1988
- News-Texan, Inc., Cross-Appellant v. The City of Garland, Texas, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1987
- In Re Cajun Electric Power Cooperative, Inc., Cajun Electric Power Cooperative, Inc. v. Riley Stoker CorporationCourt of Appeals for the Fifth Circuit · 1986
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