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RUSSAW v. VOYAGER LIFE INS. CO.

Civil A. No. 96-T-540-N.

921 F.Supp. 723 (1996)

James RUSSAW, Plaintiff, v. VOYAGER LIFE INSURANCE COMPANY, et al., Defendants.

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

April 19, 1996.

Attorney(s) appearing for the Case

Jere L. Beasley and Thomas James Methvin, Beasley, Wilson, Allen, Main & Crow, P.C., Montgomery, AL, for plaintiff.

John R. Chiles, Sirote & Permutt, Birmingham, AL, H.E. Nix, Jr., Nix, Holtsford & Vercelli, P.C., Montgomery, AL, Horace G. Williams, Law Offices of Horace Williams, Eufaula, AL, William B. Hairston, III, and Nathan R. Norris, Engel, Hairston & Johanson, P.C., Birmingham, AL, for defendants.

ORDER

MYRON H. THOMPSON, Chief Judge.

The issue presented to this court is whether there is an exception to the one-year limitation period for removal from state to federal court where a plaintiff has fraudulently kept or retained a defendant in a lawsuit in order to defeat diversity-of-citizenship jurisdiction.

I.

Plaintiff James Russaw filed this lawsuit in the Circuit Court of Barbour County, Alabama, on February 8, 1995, asserting...

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