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SMITH v. SEABOARD COAST LINE RAILROAD COMPANY

Civ. A. No. 70-943.

327 F.Supp. 536 (1971)

Sara Reed SMITH, Plaintiff, v. SEABOARD COAST LINE RAILROAD COMPANY, and Mari H. Maggart, as Administratrix of the Estate of Winston Marion Maggart, Deceased, Defendants.

United States District Court, D. South Carolina, Charleston Division.

May 18, 1971.

Attorney(s) appearing for the Case

James C. Sanders, Beaufort, S. C., for plaintiff.

A. Baron Holmes, III, Holmes & Thompson, Charleston, S. C., for Seaboard Coast Line RR Co.

Ladson F. Howell, Colden R. Battey, Jr., Beaufort, S. C., for defendant Mari H. Maggart.

ORDER

SIMONS, District Judge.

This matter is before the court on plaintiff's Motion to Remand the above entitled action to the Court of Common Pleas for Beaufort County, South Carolina, on the ground that the requisite diversity of citizenship was lacking when this action was commenced.

The facts are not in dispute. Plaintiff, a South Carolina resident, commenced this action on February 7, 1969, by the service of Summons (Complaint Not Served) on...

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