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COUNTY OF HOLT, NEBRASKA v. JOHNSON

No. CV72-L-157.

343 F.Supp. 372 (1972)

COUNTY OF HOLT, NEBRASKA, Plaintiff, v. Phillip K. JOHNSON and Arch D. Harrold, d/b/a Equity Tax Service and Universal Surety Co., Inc., Defendants.

United States District Court, D. Nebraska.

May 17, 1972.

Attorney(s) appearing for the Case

John S. Pierce, Lincoln, Neb., for plaintiff.

William Zastera, Nebraska City, Neb., Otto Wellensiek, Syracuse, and James W. Hewitt, Lincoln, Neb., for defendants.

MEMORANDUM

URBON, Chief Judge.

This matter is here on a motion of the plaintiff to remand the action to the District Court of Holt County, Nebraska, on the ground that common citizenship of the plaintiff and defendant Universal Surety Co., Inc. operates to destroy jurisdiction.

By virtue of 28 U.S.C. § 1441(b) removal of this action, which is for breach of contract, may be had only if none of the defendants is a citizen of Nebraska. The defendant...

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