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SWINDELL-FILIAGGI v. CSX CORP.

Civil Action No. 12-6962.

922 F.Supp.2d 514 (2013)

SWINDELL-FILIAGGI, et al., Plaintiffs, v. CSX CORPORATION & Conrail, Defendants.

United States District Court, E.D. Pennsylvania.

February 8, 2013.

Attorney(s) appearing for the Case

David M. Cedar, Cedar Law Firm, Cherry Hill, NJ, Mark R. Cuker, Joseph A. Venti, Williams Cuker Berezofsky, Philadelphia, PA, for Plaintiffs.

Daniel B. Donahoe, David A. Damico, Burns, White & Hickton, Pittsburgh, PA, Paul F.X. Gallagher, Gallagher Rowan PC, Philadelphia, PA, for Defendants.

MEMORANDUM RE: PLAINTIFFS' MOTION TO REMAND

BAYLSON, District Judge.

I. INTRODUCTION

This diversity case raises an issue that has divided courts in this District. Plaintiffs have moved to remand this action to state court on the basis of the "forum defendant rule," 28 U.S.C. § 1441(b)(2). The forum defendant rule provides that an action cannot be removed on the basis of diversity jurisdiction "if any of the parties in interest properly...

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