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NIDA v. ZARC INTERN., INC.

Civ. A. No. 2:00-0082.

93 F.Supp.2d 725 (2000)

Okey Lee NIDA, Administrator of the Estate of Mark David Nida, deceased, Plaintiff, v. ZARC INTERNATIONAL, INC., et al., Defendants.

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

April 19, 2000.

Attorney(s) appearing for the Case

Marvin W. Masters, David L. White, Masters & Taylor, L.C., Charleston, for Plaintiff.

Avrum Levicoff, Brown & Levicoff, P.C., Pittsburgh, PA, Jeffrey K. Phillips, Steptoe & Johnson, Charleston, WV, for Defendants.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are Plaintiff's motion to remand and Defendants City of Charleston and the Charleston City Police Department (Municipal Defendants') motion to dismiss. For reasons discussed below, Plaintiff's motion is GRANTED and the Municipal Defendants' motion is DENIED as moot.

I. FACTUAL AND PROCEDURAL BACKGROUND

From minimal facts contained in the complaint...

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