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WILSON v. NEW YORK TERMINAL WAREHOUSE CO., INC.

Civ. A. No. 75-73-N.

398 F.Supp. 1379 (1975)

Porter WILSON et al., Plaintiffs, v. NEW YORK TERMINAL WAREHOUSE COMPANY, INC., et al., Defendants. NYTCO SERVICES, INC., Defendant and Third-Party Plaintiff, v. J. E. McDONALD, Third-Party Defendant.

United States District Court, M. D. Alabama, N. D.

September 12, 1975.

Attorney(s) appearing for the Case

Powell & Sikes, Andalusia, Ala., for plaintiffs.

Hobbs, Copeland, Franco & Screws, Montgomery, Ala., for Merrill Lynch, Pierce, Fenner & Smith.

Ball, Ball, Matthews & Lamar, Montgomery, Ala., and Tipler, Fuller & Barnes, Andalusia, Ala., for New York Terminal Warehouse Company and NYTCO.

W. H. Baldwin, Andalusia, Ala., for Morrie E. Rabren.

Albrittons & Rankin, Andalusia, Ala., for Commerical Bank of Andalusia.

ORDER

VARNER, District Judge.

Plaintiffs' motion to remand in the above-styled cause filed herein March 14, 1975, is now presented. This action was removed to this Court March 13, 1975, from the Circuit Court of Covington County, Alabama, upon petition of Defendant, Merrill Lynch, Pierce, Fenner & Smith, Inc., a corporation [hereinafter Merrill Lynch]. There being an absence of complete diversity in this cause for the reason that Plaintiffs and some...

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