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OLIVAREZ v. UTICA MUTUAL INSURANCE COMPANY

Civ. A. No. CA 3-89-0112-G.

710 F.Supp. 642 (1989)

Manuel OLIVAREZ, Plaintiff, v. UTICA MUTUAL INSURANCE COMPANY, Defendant.

United States District Court, N.D. Texas, Dallas Division.

April 21, 1989.

Attorney(s) appearing for the Case

Paul L. Smith and D. Lanty McCartney, Dallas, Tex., for plaintiff.

E. Thomas Bishop, E. Paul Cauley, Jr., Strasburger & Price, Dallas, Tex., for defendant.

MEMORANDUM ORDER

FISH, District Judge.

This case is before the court on the motion to stay remand of defendant Utica Mutual Insurance Company ("Utica"). Utica argues that 28 U.S.C. § 1445(c) should be construed to apply only to diversity actions. Section 1445(c) prohibits removal of all workers' compensation cases, however, whether or not they arise under the court's diversity jurisdiction. Had Congress...

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