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TAKEDA v. NORTHWESTERN NAT. LIFE INS. CO.

No. 84-5811.

765 F.2d 815 (1985)

Jim TAKEDA and William H. Whitten, Plaintiffs-Appellants, v. NORTHWESTERN NATIONAL LIFE INSURANCE COMPANY, Stephen Splan, and Does 1 through 100, inclusive, Defendants-Appellees. NORTHWESTERN NATIONAL LIFE INSURANCE COMPANY, and Microdata Corporation, Counterclaimants-Appellees, v. Jim TAKEDA and William H. Whitten, Counterdefendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided July 8, 1985.

Attorney(s) appearing for the Case

Richard S. MacNaughton, Beverly Hills, Cal., for plaintiffs-appellants.

Gary M. Lape, Rutan & Tucker, Costa Mesa, Cal., for defendants-appellees.

Before FLETCHER, PREGERSON, and HALL, Circuit Judges.

FLETCHER, Circuit Judge:

Plaintiffs Takeda and Whitten appeal the district court's refusal to remand this action to state court and the entry of a preliminary injunction against prosecution of a second state court action plaintiffs filed after removal of this action to federal court. We reverse and remand to the district court with directions to remand this case to state court.

I. BACKGROUND

Jim Takeda, a chiropractor, and William Whitten, one of...

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