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Green v. R. J. Reynolds Tobacco Co.

A decision by a court in an unrelated case, but which involves the same defendant, a similar factual situation and the question of removal can constitute an "order" under 28 U.S.C. '1446(b).

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Appeal from the United States District Court for the Southern District of Texas

The heirs of Howard Green sued several tobacco manufacturers and H.E.B. Butt Grocery Company (“H.E.B.”) in Texas state court for Green’s wrongful death. The defendants removed the case to federal court, which remanded. The defendants removed a second time, citing new evidence and a decision in an unrelated case, and the Greens sought remand. The district court denied the motion to remand, granted judgment on the pleadings for the defendants, and dismissed the suit. The Greens now appeal the refusal to remand, contending that the second removal was procedurally improper. Finding no error, we affirm.

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