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SYME v. ROWTON

Nos. CV-82-48-GF, CV-82-49-GF.

555 F.Supp. 33 (1982)

Howard R. SYME, Plaintiff, v. Tom ROWTON; Phillips Petroleum Company, a Delaware corporation, Defendants. Woodrow BERNAU, Plaintiff, v. Tom ROWTON; Phillips Petroleum Company, a Delaware corporation, Defendants.

United States District Court, D. Montana, Great Falls Division.

September 23, 1982.

Attorney(s) appearing for the Case

Robert T. Cummins, Helena, Mont., for plaintiff.

John R. Hunt, Plentywood, Mont., for Tom Rowton.

Bruce R. Toole, Billings, Mont., for Phillips Petroleum Co.

MEMORANDUM AND ORDER

HATFIELD, District Judge.

I. FACTS

After plaintiffs Bernau and Syme filed separate lawsuits in state court against Rowton and the Phillips Petroleum Company, the judge of the Fifteenth Judicial District of Montana ordered the cases consolidated for trial. On April 22, 1982, the plaintiffs Bernau and Syme filed motions seeking to amend their complaints to allege damages in excess of $10,000. Thereafter, the defendants removed...

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