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ELLENBURG v. SPARTAN MOTORS CHASSIS, INC.

No. 06-1864.

519 F.3d 192 (2008)

Ralph ELLENBURG, Plaintiff-Appellee, v. SPARTAN MOTORS CHASSIS, INCORPORATED, Defendant-Appellant, and Tom Johnson Camping Center, Incorporated; Fleetwood Motor Homes of Indiana, Incorporated, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: March 10, 2008.

Attorney(s) appearing for the Case

ARGUED: Edward Kriegsmann Pritchard, III, Pritchard & Elliott, L.L.C., Charleston, South Carolina, for Appellant. W. Grady Jordan, Olson, Smith, Jordan & Cox, Easley, South Carolina, for Appellee. ON BRIEF: Thomas B. Pritchard, Pritchard & Elliott, L.L.C., Charleston, South Carolina, for Appellant. William Ashley Jordan, Greenville, South Carolina, for Appellee.

Before NIEMEYER and GREGORY, Circuit Judges, and JAMES P. JONES, Chief United States District Judge for the Western District of Virginia, sitting by designation.

Reversed and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge GREGORY and Judge JONES joined.

OPINION

NIEMEYER, Circuit Judge:

The defendants in this products liability action, which was commenced in South Carolina state court, filed a Notice of Removal in the district court, pursuant to 28 U.S.C. §§ 1441 and 1446, alleging diversity jurisdiction under 28 U...

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