be and the same is hereby GRANTED. The Clerk of the Court is DIRECTED to take all steps necessary to effectuate remand of this action to the Circuit Court of Lowndes County, Alabama. It is further ORDERED that Plaintiffs Motion To Stay, filed on October 5, 1999, be and the same is hereby DENIED AS MOOT. It is further ORDERED that the Motion To Dismiss, filed by Defendant James Thomas Wilcox on September 15, 1999, is left for resolution by the state court after remand. 1 . Decisions of the former Fifth Circuit rendered prior to October 1, 1981, constitute binding authority in the Eleventh Circuit. See Bonner v. City of Pilchard, 661 F.2d 1206, 1209 (11th Cir.1981) (en banc). 2 . The facts are construed in the light most favorable to Plaintiffs as they must b d 875, 877 (1st Cir.1983) (<HOLDING>). Therefore, the court finds that the failure
holding that the failure to join all the defendants in a removal petition is not a jurisdictional defect holding that a party fraudulently joined to defeat removal need not join in removal petition holding that the failure of all defendant to join in the petition for removal mandated remand to state court holding that all properly served defendants must join in petition for removal except for nominal unknown or fraudulently joined parties holding a party cannot be joined to prevent removal where no cause of action can be brought against that party