ASHLEY v. SOUTHWESTERN BELL TEL. CO.

Civ. A. No. 76 CA 31.

410 F.Supp. 1389 (1976)

James H. ASHLEY and Bonnie Ashley v. SOUTHWESTERN BELL TELEPHONE COMPANY et al.

United States District Court, W. D. Texas, San Antonio Division.

April 6, 1976.


Attorney(s) appearing for the Case

Pat Maloney, San Antonio, Tex., for plaintiffs.

Hubert W. Green, Green & Kaufman, Jack Hebdon, Groce, Locke & Hebdon, James E. Barden, San Antonio, Tex., for defendants; Dewey, Ballantine, Bushby, Palmer & Wood, New York City, of counsel.


OPINION

CLARY, Senior District Judge.

Upon consideration of all of the Briefs, Reply Briefs, Supplemental Briefs, Memoranda, and Oral Arguments concerning plaintiffs' motion to remand, the Court is convinced that this case was removed improvidently from the State Courts and that the Federal District Court is without jurisdiction to hear it. In accordance with Title 28, U.S.Code, Section 1447(c), this case must be remanded to the State Court for further proceedings...

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