Fleming v. COLONIAL STORES, INCORPORATED

ORDER

CARSWELL, Chief Judge.

This cause came on to be heard pursuant to notice for hearing on plaintiffs’ motion to remand, and counsel for the respective parties were present and heard.

It is plaintiffs’ contention here that the defendant did not seek to remove this cause timely. The original complaint of plaintiffs filed in state court merely stated jurisdictional amount for the state court and was not specific in meeting the test of federal jurisdiction as required by Gaitor v. Peninsular & Occidental Steamship Co., 287 F.2d 252 (5th Cir., 1961). Subsequent to filing the defendant deposed…