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GLENDENING v. GENUINE PARTS CO., INC.

Civil Action No. 96-WM-1967.

960 F.Supp. 243 (1997)

Benjamin Earl GLENDENING, a minor through his next friend, Elnor L. Carpenter, and Ronald D. Carpenter and Elnor L. Carpenter, individually, Plaintiffs, v. GENUINE PARTS COMPANY, INC., a foreign corporation, Napa Auto Parts, a subsidiary of Genuine Parts Company, Inc.; Belkamp, Inc., a subsidiary of Genuine Parts Company, Inc.; Loctite Corporation, a foreign corporation, jointly and severally, Defendants.

United States District Court, D. Colorado.

April 9, 1997.

Attorney(s) appearing for the Case

James B. Powers, A. Peter Gregory, Harris Karstaedt, Jamison & Powers, P.C., Englewood, Co, for Plaintiffs.

Victoria C. Swanson, Sears, Anderson & Swanson, P.C., Colorado Springs, CO, for Defendants.

ORDER OF REMAND

MILLER, District Judge.

Before me is plaintiffs' Motion to Remand, alleging that removal of this case was procedurally defective because not all served defendants joined in the removal or, alternatively, because the amount in controversy does not exceed the jurisdictional amount. I conclude that the removal failed to meet the joinder requirements of 28 U.S.C. § 1446, and, hence, do not reach the question of the jurisdictional amount...

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