Topps Chewing Gum, Inc. v. Fleer Corp.

OPINION

CALEB M. WRIGHT, Senior District Judge.

This action is before the Court on the plaintiff’s Motion to Remand to the Court of Chancery of the State of Delaware. The plaintiff, Topps Chewing Gum, Inc. (“Topps”), originally filed this suit seeking restitution for the alleged unjust enrichment of the defendant, Fleer Corporation (“Fleer”), in the Court of Chancery. Fleer has sought to remove the case to this Court pursuant to 28 U.S.C. § 1441. Topps opposes such removal with the present motion. For the reasons hereinafter set forth, Topps’ motion is granted and the case is remanded to the…