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RAINWATER v. LAMAR LIFE INS. CO.

No. Civ.A.2:01CV179PG.

207 F.Supp.2d 561 (2002)

Richard C. RAINWATER and Anna D. Rainwater, Plaintiffs, v. LAMAR LIFE INSURANCE COMPANY; Conseco Life Insurance Company; Thomas Stroo; James Payton; and Other Related Companies the Identity of Which Will be Ascertained Through Discovery in This Action, Defendants.

United States District Court, S.D. Mississippi, Hattiesburg Division.

June 27, 2002.

Attorney(s) appearing for the Case

Lawrence E. Abernathy, III, Laurel, MS, for plaintiffs.

Phillip B. Abernathy, Emerson Barney Robinson, III, Butler, Snow, O'Mara, Stevens & Cannada, Jackson, MS, for Lamar Life Ins. Co., Conseco Life Ins. Co., defendants.

Frank D. Montague, Jr., Montague, Pittman & Varnado, Hattiesburg, MS, David M. Ratcliff, Ratcliff & Ratcliff, Laurel, MS, Douglas R. Duke, Shell Buford, PLLC, Jackson, MS, for Thomas Stroo, defendant.

Norman G. Hortman, Jr., Chris B. McDaniel, Gibbes, Graves, Mullins, Hortman, Harlow, Martindale & Jones, PLLC, Laurel, MS, for James Payton, defendant.

MEMORANDUM OPINION AND ORDER

PICKERING, District Judge.

Before the Court is the Plaintiffs' Motion to Remand this case to state court. Having considered the motion, the responses, the briefs of counsel, the cited authorities, the pleadings, and exhibits on file, this Court finds as follows:

FACTUAL BACKGROUND

Plaintiffs, Richard and Anna Rainwater, filed a complaint in the Chancery Court of the Second Judicial District of...

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