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MILLER v. BAS TECHNICAL EMPLOYMENT PLACEMENT CO.

No. CIV. A. 2:00-0896.

130 F.Supp.2d 777 (2001)

Donna MILLER, individually and as Administratrix of the Estate of Charles Miller, Plaintiff, v. BAS TECHNICAL EMPLOYMENT PLACEMENT COMPANY, et al., Defendants.

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

January 12, 2001.

Attorney(s) appearing for the Case

Guy R. Bucci, Timothy C. Bailey, Bucci Bailey & Javins L.C., Charleston, WV, for Plaintiffs.

Douglas E. Cameron, Arnd N. von Waldow, Reed Smith Shaw & McClay, LLP, Pittsburgh, PA, G.W. Lavender III, MacCorkle Lavender & Casey PLLC, Charleston, WV, for Defendant SMS Scholemann-Siemag, Inc.

David D. Johnson III, Nancy C. Hill, Winter Johnson & Hill PLLC, Charleston, WV, for Defendant BAS Technical Employment Placement Company.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending is Plaintiff's motion to remand. The Court DENIES the motion without prejudice.1

I. INTRODUCTION

This action presents the Hobson's choice frequently facing defendants in state civil actions. In sum, a non-resident defendant joined with a resident defendant, whom the former believes is fraudulently joined, must often choose between (1) remaining...

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