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WEBSTER v. SUNNYSIDE CORP.

No. 3-93-CV-80130.

836 F.Supp. 629 (1993)

Harold Richard WEBSTER and Rhonda Webster, Plaintiffs, v. SUNNYSIDE CORPORATION and Lenoch & Cilek, Inc., d/b/a Lenoch & Cilek True Value Hardware, Defendants.

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

October 13, 1993.

Attorney(s) appearing for the Case

Douglas Jay Sullivan, Lisle, IL, Barry A. Russell and Joseph J. Mowry of Hanson, Bjork & Russell, Des Moines, IA, for plaintiffs.

Robert D. Houghton and Douglas R. Oelschlaeger of Shuttleworth & Ingersoll, P.C., Cedar Rapids, IA, for Sunnyside Corp.

Richard A. Stefani and Steven A. Stefani of Gray, Stefani & Mitvalsky, Cedar Rapids, IA, for Lenoch & Cilek, Inc., d/b/a Lenoch & Cilek True Value Hardware.

ORDER

WOLLE, Chief Judge.

At issue here is whether or not defendants filed their notice of removal of plaintiffs' state court action within the time required by 28 U.S.C. section 1446(b). The court concludes they did not and remands plaintiffs' action to the Iowa District Court for Johnson County.

On February 9, 1993, plaintiffs filed this personal injury suit in the Iowa District Court for Johnson County asserting claims grounded on theories of...

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