Oscar Cumpian v. Alcoa World Alumina, L.L.C., et a

LESLIE H. SOUTHWICK, Circuit Judge:

*218 The plaintiff appeals from a summary judgment dismissing his suit. The threshold question presented is whether the district court properly denied the motion to remand this action to state court due to the absence of diversity jurisdiction. There was error. We VACATE the judgment and REMAND with instructions that the district court remand the case to state court.

FACTS AND PROCEDURAL HISTORY

The plaintiff, Oscar Cumpian, appellant here, brought suit for negligence in Texas state court against three defendants. One is Alcoa World Alumina, L.L.C., whose…