United States Fifth Circuit

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HOWERY v. ALLSTATE INS. CO., 99-20878

Where plaintiff alleges that violation of federal law provides one avenue for relief under state law, but not the only avenue for relief, the claim does not require resolution of a substantial question of federal law and the district court has no subject matter jurisdiction.

Appellate Information

  • Decided 02/28/2001
  • Published 02/28/2001

Judges

  • PATRICK E. HIGGINBOTHAM, Circuit Judge:, Before KING, Chief Judge, and HIGGINBOTHAM and DUHÉ, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • James C. Plummer (argued), Gael Mary Catherine Plauche', Houston, TX, for Plaintiff-Appellant.

  • For Appellees:
  • Joseph F. Nistico, Jr. (argued), M. Micah Kessler, Nistico & Crouch, Houston, TX, for Defendant-Appellee.