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ROBERTS v. VULCAN MATERIALS COMPANY

Civ. A. No. 81-219-A.

558 F.Supp. 108 (1983)

Tom James ROBERTS v. VULCAN MATERIALS COMPANY and International Harvester.

United States District Court, M.D. Louisiana, Division A.

March 2, 1983.

Attorney(s) appearing for the Case

Sumpter B. Davis, III, Baton Rouge, La., for plaintiff.

H. Frank Foster, III, New Orleans, La., for defendant, Vulcan.

Dermot S. McGlinchey, New Orleans, La., for defendant, Intern. Harvester.

Stephen Wilson, Baton Rouge, La., for intervenor, C & A Ins. Co.

Vincent Fornias, Baton Rouge, La., for third party defendant, Brown & Ferris.

JOHN V. PARKER, Chief Judge.

On March 20, 1981, this action was removed from the state court by International Harvester, one of the defendants, upon the basis of diversity of citizenship, 28 U.S.C. § 1441(a); 28 U.S.C. § 1332(a). The court sua sponte noted that the citizenship of the other defendant, Vulcan Materials Company, was not alleged in either the original state court petition or in the petition for removal; accordingly, the court ordered Vulcan...

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