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FITZGERALD v. BESAM AUTOMATED ENTRANCE SYSTEMS

No. CIV.A.02-0638-CB-C.

282 F.Supp.2d 1309 (2003)

Nancy FITZGERALD and Arthur Fitzgerald, Plaintiffs, v. BESAM AUTOMATED ENTRANCE SYSTEMS and Besam AB, Defendants.

United States District Court, S.D. Alabama. Southern Division.

September 15, 2003.

Attorney(s) appearing for the Case

R. Edward Massey, III, Clay, Massey & Assoc., Mobile, AL, for Plaintiffs.

Dennis Patrick McKenna, Sydney R. Prince, III, Prince, McKean, McKenna & Broughton, Mobile, AL, for Defendants.

ORDER

BUTLER, District Judge.

This matter is before the Court on a motion to remand filed by plaintiffs Nancy Fitzgerald and Arthur Fitzgerald, plaintiffs' brief in support thereof, and defendant's opposition. (Docs. 7, 8 & 10.) At issue is whether plaintiffs' limitation of damages in the ad damnum clause of the state court complaint to an amount less than $75,000 defeats this Court's removal jurisdiction on diversity grounds. Under the...

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