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HER MAJESTY INDUSTRIES, INC. v. LIBERTY MUTUAL INS. CO.

Civ. A. No. 74-517.

379 F.Supp. 658 (1974)

HER MAJESTY INDUSTRIES, INC., a corporation, Plaintiff, v. LIBERTY MUTUAL INSURANCE COMPANY, a corporation, and Insurance Company of North America, a corporation, Defendants.

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

August 14, 1974.

Attorney(s) appearing for the Case

A. F. Burgess, David L. Freeman, and Larry D. Estridge, Wyche, Burgess, Freeman & Parham, Greenville, S. C., for plaintiff.

W. Francis Marion, and Donald L. Ferguson, Haynsworth, Perry, Bryant, Marion & Johnstone, Greenville, S. C., for defendants.

ORDER

ON PLAINTIFF'S MOTION TO REMAND TO STATE COURT PURSUANT TO 28 U.S.C. § 1441(c).

HEMPHILL, District Judge.

Plaintiff moves to remand this action to the Court of Common Pleas, Greenville County, South Carolina, on grounds that only one of the two parties named as defendants has joined in the Petition for Removal. Defendant, Liberty Mutual, the party seeking removal opposes the motion claiming that, under the provisions of 28 U.S.C. §...

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