Legal Opinion

Lloyd Aucoin v. Matador Services, Inc.

Court of Appeals for the Fifth Circuit

Decided January 10, 1985No. 84-3516PublishedCited by 17 opinions

1Opinion of the Court

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Aucoin appeals from an order denying remand of his suit to state court. Such an order is not a final order appealable as a matter of right under 28 U.S.C. § 1291, and is appealable only under the discretionary appeal provisions of 28 U.S.C. § 1292(b). The district court entered the requisite certificate under 28 U.S.C. § 1292(b), and Aucoin timely filed notice of appeal. He did not file with this Court a request for permissive appeal within ten days after the 1292(b) order was filed in the district court as required by Fed.R.App.P. 5(a), however.…

2Cases cited3 opinions

  1. Miguel Antonio Aparicio v. Swan Lake, Her Engines, Boilers, Tackle, Etc., Third Party v. Panama Canal Company, Third PartyCourt of Appeals for the Third Circuit · 1981
  2. John D. Addison v. Gulf Coast Contracting Services, Inc. And Texaco, Inc.Court of Appeals for the Fifth Circuit · 1984
  3. Alabama Labor Council, Aflcio, Public Employees Union, Local No. 1279 v. The State of AlabamaCourt of Appeals for the Fifth Circuit · 1972

3Cited by17 opinions

  1. Marisol, A., by Her Next Friend, Rev. Dr. James Alexander Forbes, Jr. v. Rudolph W. Giuliani, as Mayor of the City of New YorkCourt of Appeals for the Second Circuit · 1997
  2. Estate of Storm v. Northwest Iowa Hospital Corp.Court of Appeals for the Eighth Circuit · 2008
  3. In Re George I. Benny and Alexandra Benny, Debtors. Alexandra Benny v. John M. England, Trustee, Chicago Title Insurance Company, Creditor, Etc., United States of America, Intervenor-Appellant v. John M. England, Trustee, Chicago Title Insurance Company, Creditor, Etc.Court of Appeals for the Ninth Circuit · 1987
  4. United States v. L.J. Garner and Tommie N. GarnerCourt of Appeals for the Fifth Circuit · 1985
  5. Benny v. EnglandCourt of Appeals for the Ninth Circuit · 1987

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