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.
- Decided 02/28/2001
- Published 02/28/2001
- PATRICK E. HIGGINBOTHAM, Circuit Judge:, Before KING, Chief Judge, and HIGGINBOTHAM and DUHÉ, Circuit Judges.
- United States Fifth Circuit
- 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.