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PALKOW v. CSX TRANSP., INC.

No. 04-4060.

431 F.3d 543 (2005)

Sharon PALKOW, Plaintiff-Appellant, v. CSX TRANSPORTATION, INC., Harry Crawford and Diane Tavares, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 18, 2005.

Attorney(s) appearing for the Case

ON BRIEF: Merrie M. Frost, Mentor, Ohio, for Appellant. John Lewis, Todd H. Lebowitz, Kelly M. King, Baker & Hostetler, Cleveland, Ohio, for Appellees.

Before: ROGERS and SUTTON, Circuit Judges; ROSEN, District Judge.

OPINION

ROSEN, District Judge.

Plaintiff Sharon Palkow appeals an Opinion and Order of the District Court of the Northern District of Ohio denying her motion to remand and granting the Defendants' Fed.R.Civ.P. 12(b)(6) motion to dismiss her complaint for failure to state a claim upon which relief can be granted. For the reasons that follow, we conclude that this action was improperly removed from the state court as federal subject matter jurisdiction is...

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