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KENTUCKY SOLAR ENERGY, ETC. v. AMERICAN BORATE CO.

Civ. A. No. 78-167.

497 F.Supp. 555 (1980)

KENTUCKY SOLAR ENERGY CONTROLS, INC., a Kentucky Corporation, Plaintiff, v. AMERICAN BORATE COMPANY, a Texas Corporation, Defendant.

United States District Court, E. D. Kentucky.

September 25, 1980.

Attorney(s) appearing for the Case

R. Bruce Stith, Odell, Stith & LeMaster, Lexington, Ky., for plaintiff.

James S. Carroll, Carroll & Knippenberg, Lexington, Ky., John L. Weeks, Goldberg & Pedley, Louisville, Ky., for defendant.

MEMORANDUM OPINION AND ORDER

SCOTT REED, District Judge.

On October 19, 1978, American Borate Company, defendant, filed its original petition for removal of the instant case to federal court. Shortly thereafter, on October 27, 1978, defendant's amended petition for removal was filed. Both petitions were defective. They alleged diversity of citizenship as of the time of the request for removal, but failed to allege diversity as of the time of the commencement...

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