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ALFALFA CUBES, INC. v. DUTTON

No. 85 1509.

618 F.Supp. 1425 (1985)

ALFALFA CUBES, INC., a Kansas Corporation, and Lucas Investment, Inc., a Kansas Corporation, Plaintiffs, v. Paul DUTTON, R. Louise Dutton, H. James Maxwell, Joseph Stokey, Clubine and Rettele, Chartered, Union Insurance Company, Stone Post Hay, Inc., a Kansas Corporation, Defendants.

United States District Court, D. Kansas.

October 8, 1985.

Attorney(s) appearing for the Case

Robert L. Earnest, Russell, Kan., and Brice A. Tondre, Madden & Strate, P.C., Wheat Ridge, Colo., for plaintiffs.

Gerald M. Kraai, G. Steven Ruprecht, Margolin & Kirwan, Kansas City, Mo., Edward F. Arn, Arn, Mullins, Unruh, Kuhn & Wilson, Wichita, Kan., for Union Ins. Co.

Clarence L. King, Jr., King, Adrian, King & Brown, Salina, Kan., for Maxwell and Stokey.

Kenneth L. Cole, Russell, Kan., for Duttons and Stone Post Hay, Inc.

Aubrey G. Linville, Clark, Mize & Linville, Salina, Kan., for Clubine and Rettele, Chartered.

MEMORANDUM AND ORDER

CROW, District Judge.

Plaintiffs contend this action now before the court was removed by defendant Union Insurance Company (Union) improvidently and without jurisdiction, and seek remand to state court pursuant to 28 U.S.C. § 1447(c). The court has determined that oral argument is unnecessary for resolution of this matter. See Local Rule 15(d).

Union petitioned for removal on the basis that plaintiff's claim against it is...

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