United States Fifth Circuit

Removal based upon diversity jurisdiction under 28 USC 1441(a) applies only to John Doe defendants as such, not to subsequently named parties substituted for one of those fictitious defendants who then defeat diversity jurisdiction.

Appellate Information

• Decided 08/27/2001
• Published 08/27/2001

Judges

• RHESA HAWKINS BARKSDALE, Circuit Judge:, Before GARWOOD, HALL  and BARKSDALE, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Robert Mark Loeb (argued), Scott Ramsey McIntosh, U.S. Dept. of Justice, Civil Div., App. Staff, Washington, DC, for Intervenor.


• For Appellees:
  
• Mark Delaney Lumpkin (argued), Paul S. Minor, James R. Reeves, Jennifer Parkinson Burkes, Minor & Associates, Biloxi, MS, for Plaintiff-Appellee., George F. Bloss, III (argued), Mary Margaret Alexander, Bryant, Clark, Dukes, Blakeslee, Ramsay & Hammond, Gulfport, MS, for Defendant-Appellant.