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GRAHAM v. WEST VIRGINIA DIV. OF HIGHWAYS

No. CIV.A. 5:02-1432.

245 F.Supp.2d 836 (2003)

Jeffrey Neal GRAHAM and Rene Rose Graham, Plaintiffs, v. THE WEST VIRGINIA DIVISION OF HIGHWAYS, Defendant;

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

February 6, 2003.

Attorney(s) appearing for the Case

John D. Wooton, The Wooton Law Firm, Beckley, WV, for Plaintiff.

Harold B. Wolfe, III, Princeton, WV, for Defendant.

MEMORANDUM OPINION AND ORDER

CHAMBERS, District Judge.

Defendant removed this case to this Court on December 12, 2002. Plaintiffs moved for remand, asserting Defendant's removal petition was untimely and that this Court lacked subject matter jurisdiction over the action. Defendant contended its removal petition was filed timely and that federal question jurisdiction, pursuant to 28 U.S.C. § 1331, provided a basis for removal of the action. For the reasons...

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