United States Fifth Circuit

In an action that was removed from state court to federal court on the basis of a federal question, summary judgment for defendant on the federal claim, yet remanding the state claims, is vacated and remanded where, under the unusual circumstances of this case, the district court lacked federal question jurisdiction over plaintiffs' claims.

Appellate Information

• Decided 04/02/2008
• Published 04/03/2008

Judges

• E. GRADY JOLLY, Circuit Judge:, Before JOLLY, BARKSDALE and BENAVIDES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Robert M. Marionneaux, Barrett David Burkart (argued), Unglesby Law Firm, Baton Rouge, LA, for the Bernhards., Brett P. Furr (argued), Elisabeth C. Quinn, Taylor, Porter, Brooks & Phillips, Baton Rouge, LA, for Whitney Nat. Bank.