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LOWELL STAATS MIN. CO. v. PHILADELPHIA ELEC. CO.

Civ. A. No. 87-K-35.

651 F.Supp. 1364 (1987)

LOWELL STAATS MINING CO., Plaintiff, v. PHILADELPHIA ELECTRIC CO., et al., Defendant.

United States District Court, D. Colorado.

January 28, 1987.

Attorney(s) appearing for the Case

Joseph Coleman, Coleman, Brown & Jouflas, Grand Junction, Colo., for plaintiff.

Boyd Boland, Hank Gibson, Holme Roberts & Owen, Denver, Colo., for Philadelphia Electric.

Gregory K. Hoskin, David A. Price, Nelson, Hoskin, et al., Grand Junction, Colo., for Smith, Robison, Culver & Mesa.

ORDER ON PETITION FOR REMOVAL AND MOTION TO DISMISS

KANE, District Judge.

Defendants have petitioned for removal. The petition includes a prayer for costs and fees. In addition, the individual defendants Smith and Robison have moved for dismissal.

28 U.S.C. § 1359 bars the district court from assuming subject matter jurisdiction over "a civil action in which any party, by assignment or otherwise, has been improperly or collusively made or joined...

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