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KELLY v. STATE FARM MUT. AUTO. INS. CO.

Civ. No. 90-33-D-2.

764 F.Supp. 1337 (1991)

Edith KELLY, as Conservator of Patrick Richard Weber and Kelly Joseph Weber; and Robert J. Todd, as Administrator of the Estates of Mary E. Weber and Thomas Lee Weber, Plaintiffs, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Third-Party Plaintiff, v. Robert J. TODD, Individually; and Daniel E. Cahill, Third-Party Defendants.

United States District Court, S.D. Iowa, Davenport Division.

May 21, 1991.

Attorney(s) appearing for the Case

Steven J. Crowley and J. Bryan Schulte, Ruther, Bauer, Schulte & Hahn, Burlington, Iowa, for plaintiffs.

Henry A. Harmon and Daniel J. Hanson, Grefe & Sidney, Des Moines, Iowa, for defendant and third-party plaintiff.

Charles W. Brooke, Lane & Waterman, Davenport, Iowa, for third-party defendants.

VIETOR, Chief Judge.

Plaintiffs Edith Kelly and Robert Todd move to remand this action to state court for lack of subject matter jurisdiction, and move to strike an affirmative defense of defendant State Farm Mutual Automobile Insurance Company (State Farm). State Farm resists both motions, and the motions are submitted.

I. Subject Matter Jurisdiction

Plaintiffs originally brought suit in the Iowa District Court for Des Moines County alleging State...

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