Legal Opinion
City of Rose City v. Nutmeg Insurance Company
Court of Appeals for the Fifth Circuit
Decided May 13, 1991No. 90-4770PublishedCited by 48 opinions
1Opinion of the Court
JOHNSON, Circuit Judge:
Plaintiffs Smith and Smith Materials appeal from the federal district court’s refusal to remand this case to the Texas state court where it was filed. For the reasons stated below, this Court will vacate the judgment of the federal district court, and direct the federal district court to remand the case to the Texas state court.
I. FACTS AND PROCEDURAL HISTORY
In December 1988 the plaintiffs Curtis Smith and Smith Materials Corp. (collectively, “Smith”), secured a judgment in Texas state court against Rose City in the amount of $3,500,000. Rose City assigned its rights in…
2Cases cited6 opinions
- International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
- In Re Delta America Re Insurance Co.Court of Appeals for the Sixth Circuit · 1990
- General Phœnix Corporation v. MalyonDistrict Court, S.D. New York · 1949
- Perini Corporation v. Orion Insurance Co.District Court, E.D. California · 1971
- Capital Bank & Trust Co. v. Associated International InsuranceDistrict Court, M.D. Louisiana · 1984
1 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Martin Hansen, Cross-Appellee v. The Continental Insurance Company and Commercial Insurance Company of Newark, New Jersey, Cross-AppellantsCourt of Appeals for the Fifth Circuit · 1991
- City of New Orleans v. Municipal Administrative Services, Inc.Court of Appeals for the Fifth Circuit · 2004
- Waters v. Browning-Ferris Industries, Inc.Court of Appeals for the Fifth Circuit · 2001
- Transit Casualty Co. in Receivership v. Certain Underwriters at Lloyd's of LondonMissouri Court of Appeals · 1998
- ENSCO International, Inc. v. Certain Underwriters at Lloyd'sCourt of Appeals for the Fifth Circuit · 2009
43 more not listed; retrieve them via the Exa API.