MEMORANDUM OPINION AND ORDER
COPENHAVER, District Judge.
Pending before the court is the motion of the plaintiffs Betty A. Spencer and Curlie C. Spencer, filed September 9, 2004, seeking to remand the above-captioned action to the Circuit Court of Kanawha County, West Virginia. On March 16, 2005, plaintiffs filed a supplemental motion to remand, reiterating their prior positions and attaching as an exhibit the deposition of defendant Sylvester Lee...
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