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ALLEN v. MONSANTO CO.

No. CIV.A. 2:05-0578.

396 F.Supp.2d 728 (2005)

Virdie ALLEN, et al., Plaintiffs, v. MONSANTO COMPANY, a Delaware corporation, with its principal place of business in the State of Missouri, et al., Defendants.

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

November 2, 2005.

Attorney(s) appearing for the Case

W. Stuart Calwell, The Calwell Practice, Charleston, WV, for Plaintiffs.

Anthony P. Tokarz, Charles M. Love, III, Fazal A. Shere, Phyllis M. Potterfield, Bowles, Rice, McDavid, Graff & Love, Joseph S. Beeson, Robinson & McElwee, Charleston, WV, and Daniel J. Konrad, Huddleston, Bolen, Beatty, Porter & Copen, Huntington, WV, for Defendants.

MEMORANDUM OPINION AND ORDER

CHAMBERS, District Judge.

Defendants Monsanto Company and Pharmacia Corporation removed this case to this Court on July 18, 2005. Plaintiffs moved for remand asserting Defendants' removal petition was improper because it was untimely and taken without the consent of the Azko Defendants, and that this Court lacked subject matter jurisdiction over the action. For the reasons that follow, the Court GRANTS Plaintiffs...

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