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HUTTON v. CONSOL. GRAIN & BARGE CO.

No. 01-3272.

170 F.Supp.2d 844 (2001)

Robert W. HUTTON, Plaintiff, v. CONSOLIDATED GRAIN & BARGE CO., a corporation, and Consolidated Grain and Barge Company at Naples, a corporation, Defendants.

United States District Court, C.D. Illinois, Springfield Division.

November 5, 2001.

Attorney(s) appearing for the Case

Hugh M. Talbert, Alton, IL, for plaintiff.

Gary S. Schwab, Heyl Royster Voelker & Allen, Springfield, IL, Thomas C. Fitzhugh, Matthew H. Ammerman, Fitzhugh & Elliott PC, Houston, TX, Ronald E. Fox, Fox Galvin LLC, St. Louis, MO, for defendant.

ORDER

SCOTT, District Judge.

This matter comes before the Court on plaintiff Robert Hutton's Motion to Remand. The Complaint alleges a nonremovable claim under the Jones Act, 46 App.U.S.C. § 688. Defendants, however, have submitted uncontroverted evidence demonstrating that Hutton would never be entitled to recover under the Jones Act. The Court will therefore disregard the Jones Act claim for purposes of determining removal jurisdiction. Hutton...

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