Travis v. Irby
United States Court of Appeals for the Fifth Circuit
326 F.3d 644 (2003)
- Written by Marissa Richardson , JD
Facts
On May 16, 1997, Michael Travis was killed by a train that struck his car at a railroad crossing in Mississippi. The train was owned by Illinois Central Railroad Company (Illinois Central), an Illinois corporation, and operated by Mississippi resident Arthur Irby (collectively, the railroad) (defendants). Michael’s mother, Mary Travis (plaintiff), a Mississippi resident, brought suit against Illinois Central, Irby, and John Does 1–10 in a Mississippi state court. After proceeding with discovery, the railroad asserted based on Mary’s discovery answers, which indicated a present lack of evidence supporting her claims, that Irby had been fraudulently joined and removed the suit to federal district court. In agreement with the railroad, the district court dismissed Irby and the John Does and denied Mary’s motion to remand. Illinois Central then moved for summary judgment seeking dismissal of the claims against it. The district court granted summary judgment and dismissed the suit. Mary appealed.
Rule of Law
Issue
Holding and Reasoning (Davis, J.)
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