Lloyd Aucoin v. Matador Services, Inc.
Court of Appeals for the Fifth Circuit
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
- 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
- John D. Addison v. Gulf Coast Contracting Services, Inc. And Texaco, Inc.Court of Appeals for the Fifth Circuit · 1984
- 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
- 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
- Estate of Storm v. Northwest Iowa Hospital Corp.Court of Appeals for the Eighth Circuit · 2008
- 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
- United States v. L.J. Garner and Tommie N. GarnerCourt of Appeals for the Fifth Circuit · 1985
- Benny v. EnglandCourt of Appeals for the Ninth Circuit · 1987
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