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STURM v. PROVIDIAN NAT. BANK

No. Civ.A. 5:99-0599.

242 B.R. 599 (1999)

Hazel V. STURM, by Lewis Chester Sturm, her attorney in fact, Plaintiff, v. PROVIDIAN NATIONAL BANK, Defendant.

United States District Court, S.D. West Virginia, Beckley Division.

December 23, 1999.

Attorney(s) appearing for the Case

Daniel F. Hedges, Charleston, WV, for plaintiff.

Daniel Booth, Booth & McCarthy, Bridgeport, WV, for defendant.

MEMORANDUM OPINION AND REMAND ORDER

HADEN, Chief Judge.

Pending are (1) Defendant's motion to reinstate this action to the active docket, (2) Plaintiff's motion to dismiss claim or, in the alternative, to amend the Complaint, and (3) Plaintiff's motion to remand. For reasons discussed more fully below, the Court GRANTS all these motions seriatim.

I. FACTUAL AND PROCEDURAL BACKGROUND

Plaintiff alleges that when...

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