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ATCHLEY v. HERITAGE CABLE VISION ASSOCIATES

No. 3:95-CV-432RM.

904 F.Supp. 870 (1995)

Glenn L. ATCHLEY, et al., Plaintiffs, v. HERITAGE CABLE VISION ASSOCIATES, Defendant.

United States District Court, N.D. Indiana, South Bend Division.

October 10, 1995.

Attorney(s) appearing for the Case

William R. Groth, Fillenwarth Dennerline Groth and Towe, Indianapolis, IN, for plaintiffs.

Timothy W. Woods, Jones Obenchain Ford Pankow and Lewis, South Bend, IN, Eric P. Simon, Kreitzman Mortensen and Simon, New York City, for defendant.

MEMORANDUM AND ORDER

MILLER, District Judge.

This cause comes before the court on the plaintiffs' motion to remand this action as improvidently removed. Also pending in this cause is a motion to dismiss for failure to state a claim filed by defendant Heritage Cable Vision Associates d/b/a TCI of MICHIANA. Because the plaintiffs need not respond to the defendants' motion to dismiss until after the remand motion is resolved, only the motion to remand...

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