MEMORANDUM OPINION SUPPORTING PARTIAL SUMMARY JUDGMENT
ALDON J. ANDERSON, Chief Judge.
BACKGROUND FACTS
This action was originally filed in the Third Judicial District Court for Salt Lake County, State of Utah, claiming jurisdiction over the defendant under Section 78-27-24, U.C.A. (1953), as amended. Defendant Hercules removed the case to this court pursuant to 28 U.S.C. Section 1446, claiming jurisdiction under 28 U.S.C. Section 1332.
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