UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 01-20062
HAMPTON GILLESPIE,
Plaintiff-Appellee,
VERSUS
THE UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER AT HOUSTON,
Defendant - Appellant
Appeal from the United States District Court
for the Southern District of Texas
H-00-CV-1852
February 20, 2002
Before GARWOOD, JOLLY and DAVIS, Circuit Judges
PER CURIAM*
The University of Texas Health Science Center at Houston (UT-
Houston) appeals from the district court’s award of attorney’s fees
to Hampton Gillespie under 28 U.S.C. § 1447 (c), following the sua
sponte remand of the case to state court. We have appellate
*
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opinion should not be published and is not precedent except under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.
jurisdiction to review the award of attorney’s fees. See Miranti
v. Lee, 3 F.3d 925(5th Cir.1993). We review for an abuse of
discretion. Valdes v. Wal-Mart Stores, Inc., 199 F.3d 290, 293
(5th Cir. 2000).
The propriety of the challenged award of attorney’s fees
depends upon whether appellant had reasonable grounds to believe
that a federal question was presented at the time it removed the
case to federal court. Our review of the record satisfies us that
Gillespie’s allegations questioning whether the plan provided by
appellant complied with Section 403(b) of the Internal Revenue
Code(26 U.S.C.§403(b)) were sufficient to provide appellant with
reasonable grounds to believe that a substantial federal question
was presented. “[I]f a well-pleaded complaint established that its
right to relief under state law requires resolution of a
substantial question of federal law in dispute between the
parties,” then it arises under federal law, and federal
jurisdiction exists. Franchise Tax Board v. Construction Laborers
Vacation Trust, 103 S. Ct. 2851(1983).
Because the appellant had an objectively reasonable basis for
removing this case to federal court, the district court erred in
awarding attorney’s fees to appellee under 28 U.S.C. § 1447(c) for
wrongful removal. The district court’s award of attorney’s fees to
appellee for wrongful removal is therefore reversed and judgment is
rendered in favor of appellant on this award.
Gillespie’s Motion for an award of appellate attorney’s fees
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is denied.
REVERSED AND RENDERED.
MOTION DENIED.
3