IN RE INTERNATIONAL PAPER CO.

Nos. 91-6363, 91-6364.

961 F.2d 558 (1992)

In re INTERNATIONAL PAPER COMPANY, Petitioner. Alexander GRASSI, Sr., etc., Plaintiffs-Appellees, v. INTERNATIONAL PAPER COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied June 30, 1992.


Attorney(s) appearing for the Case

J.A. Canales, Canales & Simonson, Corpus Christi, Tex., Leo C. Salzman, Adams & Graham, Harlingen, Tex., for defendant-appellant, petitioner.

Neil Norquest, Gordon L. Briscoe, Harlingen, Tex., Norton A. Colvin, Jr., Rodriguez, Colvin & Chaney, Brownsville, Tex., for plaintiffs-appellees.

Filemon B. Vela, U.S. Dept. of Justice, Brownsville, Tex., for

Russell H. McMains, Corpus Christi, Tex., real party in interest for I.R.I. Internacional Limitada.

Before SNEED, REAVLEY and BARKSDALE, Circuit Judges.


Rehearing and Rehearing En Banc Denied June 30, 1992.

REAVLEY, Circuit Judge:

The district court remanded this case to state court "in the spirit of federalism." Because the district court lacked authority to remand on that ground, we grant International Paper Company's petition for a writ of mandamus and vacate the district court's remand order.

I. BACKGROUND

In 1983, Alexander and Karen Grassi, acting individually and as next friends of...

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