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WEAVER v. MILLER ELEC. MFG. CO., INC.

Civ. A. No. 85-0711-X.

616 F.Supp. 683 (1985)

Ruth Cornelia WEAVER, as Administratrix of the Estate of James Weaver, Deceased, Plaintiff, v. MILLER ELECTRIC MANUFACTURING COMPANY, INC., etc., Defendant, American Mutual Liability Insurance Company, Intervenor.

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

August 26, 1985.

Attorney(s) appearing for the Case

John T. Crowder, Jr., Gregory B. Breedlove, Jay A. York, Cunningham, Bounds, Yance, Crowder & Brown, Mobile, Ala., for plaintiff.

Donald F. Pierce and J. Hodge Alves, III, Hand, Arendall, Bedsole, Greaves & Johnston, Mobile, Ala., for Miller Elec. Mfg. Co., Inc.

Kirk C. Shaw and Robert J. Mullican, Armbrecht, Jackson, DeMouy, Crowe, Holmes & Reeves, Mobile, Ala., for American Mut.

ORDER

HAND, Chief Judge.

This case gives the Court the opportunity to shed some light on the removal statutes, 28 U.S.C. §§ 1441-1452 (1976), as they relate to Ala.R.Civ.P. 9(h), that allows the practice of pleading fictitious parties. In particular the Court is concerned with the issue of when a defendant must remove to comply with the time limit imposed by section 1446(b).

The complaint in this action was filed in the Circuit Court of...

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