George Landess, et al v. Baton Rouge Marine Contr, No. 13-30287 (5th Cir. 2014)

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This opinion or order relates to an opinion or order originally issued on December 18, 2013.

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Case: 13-30287 Document: 00512475178 Page: 1 Date Filed: 12/18/2013 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED 13-30287 December 18, 2013 Lyle W. Cayce Clerk LAURIE KILPATRICK; DANTAN LANDESS; ELLEN CHAUVIN; CHERYL LANDESS, In her capacity as Executor/Administrator of the Estate of George Landess and as Personal Representative of George Landess; MICHAEL LANDESS, Surviving children of George Landess, Plaintiffs Appellees v. DOW CHEMICAL COMPANY, Defendant Appellant Appeal from the United States District Court for the Middle District of Louisiana USDC No. 3:08-CV-00081 Before REAVLEY, DAVIS, and HIGGINSON, Circuit Judges. PER CURIAM:* The district court did not abuse its discretion by remanding the remaining state-law claims to state court under 28 U.S.C. ยง 1367(c)(3) after the dismissal of all claims over which the court had original jurisdiction. The district court found that the balance of common law factors of judicial economy, Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. * Case: 13-30287 Document: 00512475178 Page: 2 Date Filed: 12/18/2013 No. 13-30287 convenience, fairness, and comity weighs in favor of remand. The district court s finding is supported by the record in this case. AFFIRMED. 2

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