O. F. SHEARER & SONS, INC. v. DECKER

Civ. A. No. 2960.

349 F.Supp. 1214 (1972)

O. F. SHEARER & SONS, INC., a corporation, Plaintiff, v. Charles A. DECKER, Jr., Defendant.

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

October 31, 1972.


Attorney(s) appearing for the Case

R. Michael Shaw, Point Pleasant, W. Va., for plaintiff.

Raymond G. Musgrave, Musgrave & Musgrave, Point Pleasant, W. Va., for defendant.


CHRISTIE, Chief Judge:

In this action, removed by the defendant from the Circuit Court of Mason County, West Virginia, pursuant to the provisions of 28 U.S.C.A. Section 1441 et seq., plaintiff has moved the court to remand the case to the state court, asserting numerous grounds in support of its position that the district court does not have jurisdiction under the removal statutes. After reviewing the pleadings and exhibits, we are of the opinion that plaintiff's...

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