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PESCH v. FIRST CITY BANK OF DALLAS

Civ. A. No. CA3-86-1371-D.

637 F.Supp. 1530 (1986)

Leroy A. PESCH, M.D., Plaintiff, v. FIRST CITY BANK OF DALLAS, Republic Health Corporation, and Credit Des Bergues, Defendants.

United States District Court, N.D. Texas, Dallas Division.

June 23, 1986.

Attorney(s) appearing for the Case

Tom Bayko & James A. Jones of Holtzman & Urquhart, Houston, Tex., and Michael W. Ford & Jonathan R. Nelson of Chapman & Cutler, Chicago, Ill., for plaintiff.

Stephen S. Maris of Passman & Jones, Dallas, Tex., for First City Bank of Dallas.

Stephen Cormac Carlin of Johnson & Swanson, Dallas, Tex., for Republic Health Corp.

Alan W. Harris of Andrews & Kurth, Dallas, Tex., and Donald F. Luke of Rogers & Wells, New York City, for defendant Credit Des Bergues.

MEMORANDUM OPINION

FITZWATER, District Judge.

Plaintiff has moved to remand this case to state court. The court must decide whether two of the defendants, who are Texas citizens, are merely nominal or formal parties, or have been fraudulently joined as defendants, so that their presence will not preclude diversity of citizenship and, in turn, this court's subject matter jurisdiction.

Plaintiff, an Illinois citizen, owns the common stock of one of...

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