Ashford v. Aeroframe Services, LLC, No. 17-30142 (5th Cir. 2018)Annotate this Case
Plaintiff filed suit under Louisiana law in state court against Aeroframe and ATS. ATS subsequently moved the state court proceeding to federal court. The Fifth Circuit vacated and remanded the matter to state court, holding that there was no diversity of citizenship at the time the suit was filed where plaintiff and Aeroframe were Louisiana citizens. The court held that, because the magistrate judge found that plaintiff's principal purpose for suing Aeroframe was legitimate, fidelity to Zurn Industries, Inc. v. Acton Construction Co., 847 F.2d 234 (5th Cir. 1988), required relinquishing the case. The court also held that no provision of the removal statute applied to the circumstances in this case and Peters v. Standard Oil Co. of Texas, 174 F.2d 162, 163 (5th Cir. 1949), was inapplicable here.