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WOLFE v. WAL-MART CORP.

No. Civ.A. 1:01CV24.

133 F.Supp.2d 889 (2001)

Molly K. WOLFE, Plaintiff, v. WAL-MART CORP., and Frank Lacaria, individually, Defendants.

United States District Court, N.D. West Virginia.

March 19, 2001.

Attorney(s) appearing for the Case

Michael J. Sharley, Westover, WV, for plaintiff, Molly K. Wolfe.

Roger A. Wolfe, W. Scott Evans, Jackson & Kelly, Charleston, WV, for defendants, Wal-Mart Corporation and Frank LaCaria, individually.

ORDER GRANTING PLAINTIFF'S MOTION TO REMAND

KEELEY, District Judge.

The Court has pending before it plaintiff's motion to remand this case to the Circuit Court of Monongalia County. By filing a motion for summary judgment in state court while on notice that the non-diverse defendant was being dismissed from the case, Wal-Mart engaged in substantive action in state court, thereby waiving its right to remove to federal court. Accordingly, the plaintiff...

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