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AVERDICK v. REPUBLIC FINANCIAL SERVICES, INC.

No. 92-52.

803 F.Supp. 37 (1992)

Terry AVERDICK, T.A. Agency, Inc., T.A. Standard American Insurance Agency, Inc. v. REPUBLIC FINANCIAL SERVICES, INC., Republic Insurance Company, and Compact Service Corporation.

United States District Court, E.D. Kentucky, Covington Division.

October 6, 1992.

Attorney(s) appearing for the Case

John A. Berger, Busald, Funk & Zevely, Florence, Ky., Jonathan H. Waller, Charles A. McCallum, III, Richard H. Walston, Haskell, Slaughter, Young & Johnston, C. Crawford Williams, Williams & Ledbetter, Birmingham, Ala., for plaintiffs.

Walter E. Haggerty, Frost & Jacobs, Cincinnati, Ohio, Michael L. Lucas, D. Frank Davis, Burr & Forman, Birmingham, Ala., for defendants.

OPINION AND ORDER

BERTELSMAN, Chief Judge:

This case is before the court on a motion to remand it to the Circuit Court of Kenton County, Kentucky, whence it was removed. The motion to remand raises important issues of statutory construction involving the 1988 amendments to the removal statutes. In particular, there is a significant issue on which there is a conflict of authority: Whether the 1988 amendment to 28 U.S.C. § 1447 prevents the federal court...

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