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THOMPSON v. GILLEN

Civ. A. No. 80-0161-R.

491 F.Supp. 24 (1980)

Katherine H. THOMPSON v. Patricia T. GILLEN.

United States District Court, E. D. Virginia, Richmond Division.

March 24, 1980.

Attorney(s) appearing for the Case

James C. Breeden, Dunton, Simmons & Dunton, White Stone, Va., for plaintiff.

J. Riley Johnson, Jr., Norfolk, Va., for defendant.

MEMORANDUM

I

WARRINER, District Judge.

This action was initially filed in the Circuit Court of Lancaster County, Virginia, as a partition suit. Defendant, on 22 February 1980, filed a timely petition for removal and, in this Court, has filed a counterclaim that is the subject of a motion to dismiss. Although no motion for remand has been filed by plaintiff, courts of limited jurisdiction, such as this Court, have the duty, sua sponte, to...

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