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SERSTED v. MIDLAND-ROSS CORP.

No. 79-C-182.

471 F.Supp. 298 (1979)

Gilane C. SERSTED, Plaintiff, v. MIDLAND-ROSS CORPORATION, an Ohio Corporation and American Can Company, a New Jersey Corporation, Defendants.

United States District Court, E. D. Wisconsin.

May 14, 1979.

Attorney(s) appearing for the Case

Jean Seaburg, Habush, Gillick, Habush, Davis & Murphy, S.C., Milwaukee, Wis., for plaintiff.

James R. Clark and Ronald M. Wawrzyn, Foley & Lardner, Milwaukee, Wis., for defendant Midland-Ross Corp.

Thomas L. Smallwood, Borgelt, Powell, Peterson & Frauen, S.C., Milwaukee, Wis., for American Can.

MEMORANDUM AND ORDER

WARREN, District Judge.

This is a civil action originally commenced by plaintiff in state court. On the petition of defendant Midland-Ross Corporation (Midland), this action was removed to federal court. Plaintiff has petitioned for remand, pursuant to 28 U.S.C. § 1441(a), because defendant American Can Company (American) failed to join in the petition for removal.

The removal statute, 28 U.S.C. § 1441(a), has been...

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