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HILL, PETERSON, CARPER BEE v. XL SPECIALTY INS.

No. CIV.A. 2:02-1437.

261 F.Supp.2d 546 (2003)

HILL, PETERSON, CARPER, BEE & DEITZLER, P.L.L.C., a West Virginia Limited Liability Company, Plaintiff, v. XL SPECIALTY INSURANCE COMPANY, et al., Defendants.

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

May 13, 2003.

Attorney(s) appearing for the Case

Marvin W. Masters and Richard A. Monahan, Masters & Taylor, LC, Charleston, WV, R. Edison Hill, Hill, Peterson, Carper, Bee & Deitzler, P.L.L.C., Charleston, WV, for Plaintiff Hill, Peterson, Carper, Bee & Deitzler, P.L.L.C.

John R. Fowler and James C. Stebbins, Huddleston, Bolen, Beatty, Porter & Copen, Charleston, WV, for Defendants XL Specialty Insurance Company and W. Brown & Associates Property & Casualty Insurance Services.

J. Rudy Martin and Christopher D. Pence, Jackson Kelly PLLC, Charleston, WV, for Defendant The Hoxton Agency, Inc.

MEMORANDUM OPINION & ORDER

GOODWIN, District Judge.

Pending is a motion to remand to state court filed by the plaintiff, Hill, Peterson, Carper, Bee & Deitzler, P.L.L.C. (Hill) [Docket 21]. For the following reasons, the court GRANTS the motion and REMANDS the case to state court.

I. Background

On November 12, 2002, Hill filed a complaint in Kanawha County Circuit Court against its insurer, XL Specialty...

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