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HILL v. ASSOCIATION OF SMALL BUSINESS EMPLOYEES

Civ. A. No. 92-F-973.

824 F.Supp. 955 (1992)

Joanne HILL, Commissioner of Insurance, Plaintiff, v. ASSOCIATION OF SMALL BUSINESS EMPLOYEES; Small Business Employees Trust; Franklin Administrators, Inc., a Colorado corporation; Christopher W. Stevenson, individually and as President of the Association of Small Business Employees ("ASBE"); Arnold Cortez, Jr., individually and as Vice President of ASBE, and as Trustee for the Small Business Employees Trust ("SBET"); Bonnie Banner, individually and as Secretary/Treasurer of ASBE and Trustee for SBET; Thomas O. Stevenson, a/k/a Thom Stevenson, individually and as Director and Chief Executive Officer of Franklin Administrators, Inc.; James L. Moore, individually and as an officer of Franklin Administrators, Inc.; Duane Johnson, individually and as an officer of Franklin Administrators, Inc.; Annette Stevenson, individually and as Director of Franklin Administrators, Inc., Defendants.

United States District Court, D. Colorado.

October 28, 1992.

Attorney(s) appearing for the Case

Robert M. Howard, Stephen G. Smith, Asst. Attys. Gen., Regulatory Law Section, Denver, CO, for plaintiff.

James C. Fattor, Rita Byrnes Kittle, Fattor & Kittle, P.C., Denver, CO, for defendants.

ORDER REGARDING PLAINTIFF'S SECOND MOTION FOR REMAND

SHERMAN G. FINESILVER, Chief Judge.

This matter comes before the Court on Plaintiff's Second Motion to Remand. The litigants have fully briefed the issues. Jurisdiction is alleged to be based upon 28 U.S.C.A. § 1331 (West 1966 & Supp.1992). This Court will take limited subject matter jurisdiction for the purpose of determining its jurisdiction. For the reasons stated below, the motion is GRANTED...

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