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KILLIAN v. UNION L.P. GAS SYSTEM, INC.

Civ. A. No. 83-3445-CV-S-2.

568 F.Supp. 679 (1983)

Robert KILLIAN and Betty Killian, and Robert Killian and Joseph Killian, d/b/a Queen City Car Wash, Cross-Claim Plaintiffs, v. UNION L.P. GAS SYSTEM, INC., a corporation, Cross-Claim Defendant.

United States District Court, W.D. Missouri, S.D.

August 5, 1983.

Attorney(s) appearing for the Case

Charles C. Shafer, Jr., Kansas City, Mo., Glenn A. Burkart, Mann, Walter, Burkart, Weathers & Walter, Springfield, Mo., for cross-claim plaintiffs.

Lynn Myers, Daniel, Clampett, Rittershouse, Dalton, Powell & Cunningham, Springfield, Mo., for cross-claim defendant.

MEMORANDUM IN SUPPORT OF ORDER GRANTING MOTION TO REMAND

COLLINSON, Senior District Judge.

The above-styled action is a crossclaim in a pending state court action which the crossclaim defendant sought to remove pursuant to the provisions of 28 U.S.C. § 1441(c).

The relevant portion of this statute states as follows:

Whenever a separate and independent claim or cause of action, which would...

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