McKee v. Kansas City Southern Railway Co.

DeMOSS, Circuit Judge:

Plaintiff/Appellant sued diverse and non-diverse Defendants/Appellees in Mississippi state court. Defendants removed the case to federal district court based on purported diversity jurisdiction. Plaintiff made a motion to remand the case to state court, claiming there was not complete diversity and therefore the federal district court lacked subject matter jurisdiction. Defendants responded with purported evidence of fraudulent joinder. The district found there was fraudulent joinder, determining that Plaintiffs claims against the non-diverse Defendants were not viable…