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FAIRMONT HOMES, INC. v. SHRED PAX CORP.

No. S90-140.

754 F.Supp. 665 (1990)

FAIRMONT HOMES, INC., Plaintiff, v. SHRED PAX CORPORATION, Defendant.

United States District Court, N.D. Indiana, South Bend Division.

December 28, 1990.

Attorney(s) appearing for the Case

Brian L. Hoffer, Randy Spitaels, Nappanee, Ind., for plaintiff.

Michael Bolton, Michael Dockteman, Chicago, Ill., Don Blackmond, South Bend, Ind., for defendant.

MEMORANDUM AND ORDER

MILLER, District Judge.

This garden variety breach of contract/fraud case poses a legal issue that, amazingly, has been decided in no prior reported case, perhaps because the resolution of the issue seems self-evident: Whether a complaint that might be sufficient to state a claim under the procedural rules of the state in whose courts it was filed is subject to post-removal dismissal should it fail to satisfy more stringent federal rules...

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