Legal Opinion

Naef v. Masonite Corp.

District Court, S.D. Alabama

Decided February 1, 1996No. 95-0901-AH-SPublishedCited by 15 opinions

1Opinion of the Court

ORDER

HOWARD, District Judge.

This matter is- before the Court on Plaintiffs’ 1 Motion for Remand. [Doc. # 2]. The Court held a hearing on this matter on January 23, 1996, and heard argument. After considering the briefs and exhibits filed by all affected parties and hearing oral argument, the Court finds that the removal was improper under 28 U.S.C. § 1446 and finds that this action is due to be remanded to the Circuit Court of Mobile County in accordance with 28 U.S.C. § 1447(c). The Court finds that removal was improper for two reasons: (1) complete diversity does not exist therefore this…

2Cases cited15 opinions

  1. Shamrock Oil & Gas Corp. v. SheetsSupreme Court of the United States · 1941
  2. B., Inc. v. Miller Brewing CompanyCourt of Appeals for the Fifth Circuit · 1981
  3. Coker v. Amoco Oil Co.Court of Appeals for the Eleventh Circuit · 1983
  4. Jernigan v. Ashland Oil Inc.Court of Appeals for the Fifth Circuit · 1993
  5. Cabalceta v. Standard Fruit Co.Court of Appeals for the Eleventh Circuit · 1989

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3Cited by15 opinions

  1. Yount v. ShashekDistrict Court, S.D. Illinois · 2006
  2. Golden Apple Management Co. v. GEAC Computers, Inc.District Court, M.D. Alabama · 1998
  3. Faulk v. Husqvarna Consumer Outdoor Products N.A.District Court, M.D. Alabama · 2012
  4. Delaney v. Viking Freight, Inc.District Court, E.D. Texas · 1999
  5. Simpson v. Union Pacific RailroadDistrict Court, N.D. California · 2003

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