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MIZE v. AMERCRAFT CORP.

Civ. A. No. 94-D-1359-S.

874 F.Supp. 356 (1994)

Johnnie D. MIZE, Plaintiff, v. AMERCRAFT CORPORATION, et al., Defendants.

United States District Court, M.D. Alabama, Southern Division.

November 30, 1994.

Attorney(s) appearing for the Case

John E. Byrd, Dothan, AL, for plaintiff.

Samuel Lamar Adams, Dothan, AL, for Amercraft Corp.

Sydney R. Prince, III, Mobile, AL, for Liberty Mut. Ins. Co.

ORDER

De MENT, District Judge.

This matter is before the court sua sponte. The determinative issue is whether the one-year bar on removal of diversity cases contained in 28 U.S.C. § 1446(b) is jurisdictional or procedural. For the reasons set forth below, the court finds that it is jurisdictional; thus, the court must remand this action to state court.

PROCEDURAL FACTS

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