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VIRDEN v. ALTRIA GROUP, INC.

No. CIV.A.5:03 CV 61.

304 F.Supp.2d 832 (2004)

Donald VIRDEN, on behalf of himself and others similarly situated, Plaintiff, v. ALTRIA GROUP, INC. and PHILIP MORRIS USA, Defendants.

United States District Court, N.D. West Virginia.

January 30, 2004.

Attorney(s) appearing for the Case

Mark T. Coulter, Peirce, Raimond, Osterhout, Wade, Carlson & Coulter, PC, D. Aaron Rihn, Peirce, Raimond, Osterhout, Pittsburgh, PA, for plaintiff.

Brian A. Glasser, Bailey & Glasser, LLP, David B. Thomas, Rebecca A. Betts, Philip J. Combs, Allen, Guthrie, McHugh & Thomas, PLLC, Charleston, WV, Ezra D. Rosenberg, Dechert LLP, Princeton, NJ, for defendants.

MEMORANDUM OPINION AND ORDER OF REMAND

KEELEY, Chief Judge.

I.

PROCEDURAL BACKGROUND

On March 28, 2003, plaintiff Donald Virden ("Virden") filed this action in the Circuit Court of Hancock County, West Virginia, seeking relief on behalf of himself and "all others similarly situated." The first defendant to be served in the state court action received its copy of the complaint on April 3, 2003. Both defendants then removed...

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