IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-60778
Summary Calendar
MYRON BASS,
Plaintiff-Appellant,
versus
COMMUNITY HEALTH SYSTEMS, INC.; PARKWOOD HOSPITAL;
VICTORIA SHEETS,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 2:00-CV-193
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August 22, 2001
Before JOLLY, DAVIS and BENAVIDES, Circuit Judges.
PER CURIAM:*
Because Myron Bass's prior civil action did not conclude
with a final judgment on the merits as to Bass's state-law
claims, see Bass v. Parkwood Hospital, 180 F.3d 234, 245-47 (5th
Cir. 1999); Bass v. Parkwood Hospital, No. 2:96CV119-B-B (N.D.
Miss. Aug. 24, 1999) (unpublished), the district court abused its
discretion in determining that the state-law claims raised in the
instant complaint are res judicata. See Ellis v. Amex Life Ins.
Co., 211 F.3d 935, 936 (5th Cir. 2000).
*
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this opinion should not be published and is not precedent except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.
No. 00-60778
-2-
Bass has invoked the district court's diversity
jurisdiction. See 28 U.S.C. § 1332(a)(1). The district court
has not yet determined whether it has diversity jurisdiction over
Bass's state-law claims. Although we doubt whether Bass's claim
for damages in excess of the $75,000 jurisdictional amount has
been asserted in good faith, see St. Paul Mercury Indem. Co. v.
Red Cab Co., 303 U.S. 283, 289 (1938), the record is not
developed sufficiently to permit this court to affirm the
dismissal of Bass's complaint on that basis. See Burns v.
Anderson, 502 F.2d 970, 971 (5th Cir. 1974).
For the foregoing reasons, the district court's orders
dismissing Bass's state-law claims as res judicata and denying
Bass's motion under Fed. R. Civ. P. 60(b) are VACATED and the
case is REMANDED for further proceedings.
VACATED AND REMANDED.