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STERN v. MUTUAL LIFE INS. CO. OF N.Y.

Civil Action No. 97-G-0519-S.

968 F.Supp. 637 (1997)

Jeffrey STERN and Robert Stern, Plaintiffs, v. MUTUAL LIFE INSURANCE COMPANY OF NEW YORK; James GRAYSON, an individual; and Donald L. Herman, an individual, Defendants.

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

April 3, 1997.

Attorney(s) appearing for the Case

Andrew P. Campbell, Charles A. McCallum, III, Campbell & Waller, L.L.C., Birmingham, AL, for Jeffrey and Robert Stern.

James W. Gewin, Michael R. Pennington, Julie Scharfenberg Elmer, Bradley, Arant, Rose & White, Birmingham, AL, for Mut. Life Ins. Co. of N.Y.

Stephen E. Whitehead, Lloyd, Schreiber & Gray, Birmingham, AL, for James M. Grayson.

Vernon L. Wells, II, Jerry Dean Hillman, Walston, Wells, Anderson & Bains, Birmingham, AL, for Donald L. Herman.

MEMORANDUM OPINION

GUIN, Senior District Judge.

This cause is before the court upon the motion of plaintiffs to remand and the motion of defendants to stay. The plaintiffs move for remand based upon the lack of diversity jurisdiction. The defendants argue that removal was proper based upon 28 U.S.C. § 1367, the supplemental jurisdiction statute.

It is without dispute that complete diversity is lacking. The defendants, however, argue that...

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