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MILLER v. STAUFFER CHEMICAL CO.

Civ. A. No. 80-2308.

527 F.Supp. 775 (1981)

Eric MILLER, H. C. Miller, Guy Miller, G & R Miller Farms, Inc., and ESC Grain Producers, Inc., Plaintiffs, v. STAUFFER CHEMICAL COMPANY, Defendant.

United States District Court, D. Kansas.

November 24, 1981.

Attorney(s) appearing for the Case

Van Smith, Garden City, Kan., for plaintiffs.

Keen K. Brantley of Wallace, Brantley & Shirley, Scott City, Kan., Raymond J. Connell of Hall & Evans, Denver, Colo., for defendant.

MEMORANDUM AND ORDER

EARL E. O'CONNOR, Chief Judge.

Plaintiffs have filed a motion to remand this action pursuant to 28 U.S.C. §§ 1446(b) and 1447(c). In response to the motion defendant argues (1) that removal was timely, and (2) that even if removal was improper plaintiffs waived their right to remand. The initial petition, which was filed January 29, 1979, in the District Court of Finney County, Kansas, set out facts sufficient to establish...

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