HAMBY v. ZAYRE CORP.

No. CV 82-P-1276-S.

544 F.Supp. 176 (1982)

Charles HAMBY, a minor who sues by his father and next friend, Henry Hamby, Plaintiffs, v. ZAYRE CORP., et al., Defendants.

United States District Court, N. D. Alabama, S. D.

August 4, 1982.


Attorney(s) appearing for the Case

Anthony L. Cicio, Cicio & Nolen, Birmingham, Ala., for plaintiffs.

Edgar M. Elliott, Rives & Peterson, Birmingham, Ala., for defendants.


MEMORANDUM OF OPINION

POINTER, Chief Judge.

The central question before the court in this case is a recurring and vexing one: When is a case with fictitious defendants removable under 28 U.S.C. § 1446 on the basis of diversity jurisdiction? Hopefully, this opinion, which has been reviewed by all of the judges of this court to whom civil cases are regularly assigned, will provide guidance to the trial bar in navigating through these troubled waters....

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