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FOUST v. CITY INS. CO.

No. MO 88 CA 232.

704 F.Supp. 752 (1989)

Donald J. FOUST v. CITY INSURANCE COMPANY.

United States District Court, W.D. Texas, Midland-Odessa Division.

February 2, 1989.

Attorney(s) appearing for the Case

Roger Jatko, Bell & Jatko, and Steve Hershberger, Warren Burnett, Inc., Odessa, Tex., for plaintiff.

James L. Wharton, Jones, Flygare, Galey, Moody & Brown, Lubbock, Tex., for defendant.

ORDER AND REASONS

GEE, Circuit Judge.

Before the Court is the motion of Donald J. Foust, plaintiff, for a remand of this cause, removed from the 385th District Court, Ector County, Texas, to that court. For reasons to be stated, the motion will be GRANTED.

Facts

This cause, modelled on the recent Texas Supreme Court decision in Aranda v. Ins. Co. of North America,

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