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COOK v. J.C. PENNEY CO., INC.

No. C 82-31.

558 F.Supp. 78 (1983)

Bernadine B. COOK and Justein F. Cook, Plaintiffs, v. J.C. PENNEY COMPANY, INC., Defendant. J.C. PENNEY COMPANY, INC., Third-Party Plaintiff, v. H-N-W ASSOCIATES, an Iowa Limited Partnership, and Ernest W. Hahn, Inc., Third-Party Defendants.

United States District Court, N.D. Iowa, Cedar Rapids Division.

February 16, 1983.

Attorney(s) appearing for the Case

David F. McGuire, Cedar Rapids, Iowa, for plaintiffs.

Ralph W. Gearhart, Richard S. Fry, James Pickens, Minor Barnes, Cedar Rapids, Iowa, for defendants.

ORDER

McMANUS, Chief Judge.

This matter is before the court upon defendant's resisted motions filed January 12, 1983 to reconsider the order of remand and to amend. Reconsidered and further leave to amend granted.

On January 7, 1983, this court ordered this case remanded to state court for the reason that the removal petition failed to properly allege the existence of diversity of citizenship. Defendant...

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