[DOWNLOAD] "In re Shell Oil Co." by United States Court of Appeals for the Fifth Circuit ~ eBook PDF Kindle ePub Free
eBook details
- Title: In re Shell Oil Co.
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 28, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
DAVIS, Circuit Judge A large number of Costa Rican nationals sued several defendants in Texas state court. The plaintiffs alleged that a chemical manufactured and used by the defendants in Costa Rican banana plantations rendered them sterile. On October 24, 1990, the defendants removed the case to the United States District Court in Houston. On November 27, 1990, the plaintiffs moved to remand the case to the state court. The plaintiffs argued that the case was improperly removed because two of the defendants were citizens of Texas, the original forum state. The local-citizen defendants argued that they were fraudulently joined to defeat removal. The defendants further contended that because the plaintiffs did not move to remand within 30 days of removal, they had waived their right to remand. In December 1990, the district court granted the plaintiffs' motion and remanded the case to state court. The defendants have applied to this court for a writ of mandamus compelling the district court to recall its remand order. I.