Miller v. Stauffer Chemical Co.

MEMORANDUM AND ORDER

EARL E. O’CONNOR, Chief Judge.

Plaintiffs have filed a motion to remand this action pursuant to 28 U.S.C. §§ 1446(b) and 1447(c). In response to the motion defendant argues (1) that removal was timely, and (2) that even if removal was improper plaintiffs waived their right to remand. The initial petition, which was filed January 29, 1979, in the District Court of Finney County, Kansas, set out facts sufficient to establish complete diversity but claimed damages of $8,278.01. Because these damages did not exceed $10,000.00, as required for diversity jurisdiction pursuant to…