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PARIS v. AFFLECK

No. 77-136-Civ-J-T.

431 F.Supp. 878 (1977)

George E. PARIS, Plaintiff, v. Thomas AFFLECK, Jr., and "Intrepid", Defendants.

United States District Court, M. D. Florida, Jacksonville Division.

May 18, 1977.

Attorney(s) appearing for the Case

Granville C. Burgess, Fernandina Beach, Fla., and Gary A. Bubb, Jacksonville, Fla., for plaintiff.

Thomas Affleck, III, Decatur, Ga., for defendants.

OPINION

CHARLES R. SCOTT, District Judge.

The Court has before it plaintiff's motion to remand this case to the state circuit court from which it was removed. The issue presented by this motion is whether defendant waived his right to remove this action under diversity of citizenship and maritime jurisdiction, by filing a counterclaim in state court. If so, then this case was improvidently removed and the court may properly remand it; but if not, the case...

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