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WENSIL v. E.I. DUPONT DE NEMOURS AND CO.

Civ. A. No. 1:92-0500-19.

792 F.Supp. 447 (1992)

Roger WENSIL and Norma Wensil, Plaintiffs, v. E.I. DUPONT DE NEMOURS AND COMPANY, B.F. Shaw Company, Blount Brothers Inc., Blount Inc., Alfred O. White, Jr., Charles Wilde, Tommy Chaveous, Dessie Earl Johns, Dennis DuBois, and Dennis Gregory, Defendants.

United States District Court, D. South Carolina, Aiken Division.

May 29, 1992.

Attorney(s) appearing for the Case

Stephen J. Henry, Greenville, S.C., Daniel I. Oshtry, Stephen M. Kohn and Michael D. Kohn, Washington, D.C., for plaintiffs.

Richard J. Morgan, Columbia, S.C., Jay D. St. Clair, Birmingham, Ala., for defendants.

ORDER

SHEDD, District Judge.

The issue before the Court is whether defendants, in a diversity action, can remove the action to federal court before service is effected upon co-defendants who reside in the state where the action was filed. Plaintiffs filed a motion to remand, arguing that removal was improper under 28 U.S.C. § 1442(b). The defendants argue that the residence of unserved co-defendants should not be considered under Section 1442(b).

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