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EVERETT v. MTD PRODUCTS, INC.

CV No. 96-HM-2676-J.

947 F.Supp. 441 (1996)

Allen L. EVERETT, Plaintiff, v. MTD PRODUCTS, INC., a corporation, Lowe's, Inc., a corporation and L.D. Everett, an individual, Defendants.

United States District Court, N.D. Alabama, Jasper Division.

November 21, 1996.

Attorney(s) appearing for the Case

Zebulon P. Little, Aldridge & Associates, Birmingham, AL, D. Jeffrey Beaird, Beaird & Higgins, Jasper, AL, for Allen L. Everett.

David Glenn Hymer, Justin T. McDonald, Bradley Arant Rose & White, Birmingham, AL, for Lowe's Inc.

Teresa D. Davenport, McGarrah & Davenport P.C., Birmingham, AL, for L.D. Everett.

MEMORANDUM OF DECISION

HALTOM, Senior District Judge.

This matter is before the Court on initial jurisdictional review and upon Plaintiff's Motion to Remand [filed November 14, 1996]. For the reasons which follow, this Court finds and holds that the above entitled civil action is due to be remanded to the Circuit Court of Walker County, Alabama for lack of subject matter jurisdiction.

FACTUAL AND PROCEDURAL BACKGROUND

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