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HESS v. GREAT ATLANTIC & PAC. TEA CO., INC.

No. 79 C 5402.

520 F.Supp. 373 (1981)

Roger HESS, Plaintiff, v. The GREAT ATLANTIC & PACIFIC TEA COMPANY, INC., Defendant.

United States District Court, N. D. Illinois, E. D.

February 20, 1981.

Attorney(s) appearing for the Case

Gerald M. Hunter, Oglesby, Ill., for plaintiff.

Ronald J. Hein, Jr., Edward W. Bergmann, Seyfarth, Shaw, Fairweather & Geraldson, Chicago, Ill., for Great Atlantic & Pacific Tea Co., Inc.

Karmel & Rosenfeld, Chicago, Ill., for Retail Clerks Union, AFL-CIO, Local 254.

MEMORANDUM OPINION

GRADY, District Judge.

This case comes before us on plaintiff's motion to remand to state court following defendant's removal. We hold that the removal was improper for failure of all defendants to join in the petition; therefore, the case is remanded to state court.

Briefly, the facts are as follows. Plaintiff Hess filed an action in the Circuit Court of LaSalle County, Illinois, Thirteenth Judicial Circuit, on November 26, 1979...

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