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US AIRWAYS, INC. v. PMA CAPITAL INS. CO.

No. 1:04CV999.

340 F.Supp.2d 699 (2004)

US AIRWAYS, INC., et al., Plaintiffs, v. PMA CAPITAL INS. CO., Defendant.

United States District Court, E.D. Virginia, Alexandria Division.

October 1, 2004.

Attorney(s) appearing for the Case

Jennifer Ann Brust, Bean Kinney & Korman PC, Arlington, VA, for Plaintiffs.

Walter J. Andrews, Shaw Pittman LLP, McLean, VA, for Defendant.

MEMORANDUM OPINION

ELLIS, District Judge.

This 9/11 fifty million dollar business interruption insurance dispute was litigated extensively in state court for more than a year, but then removed by the sole remaining defendant when a merger among plaintiffs created diversity jurisdiction. At issue on the remand motion at bar is the following question:

Whether § 1446(b)'s one year diversity removal bar precludes removal where, as here,...

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