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GREER v. SKILCRAFT

Nos. CV 88-P-2152-S, CV 88-P-2188-S, CV 88-P-2192-S.

704 F.Supp. 1570 (1989)

Tamara L. GREER, etc., Plaintiff, v. SKILCRAFT, et al., Defendants. John S. KIRKPATRICK, Plaintiff, v. AMERICAN MOTORS CORP., et al., Defendants. Ashley Victoria Barnett, etc., Plaintiff, v. MTD PRODUCTS, INC., Defendant.

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

January 31, 1989.

Attorney(s) appearing for the Case

Hillard R. Reddick, Jr., L. Andrew Hollis, Jr., John A. Taber, Hardin and Taber, Birmingham, Ala., Harvey B. Morris, Cleary, Lee, Morris, Evans & Rowe, Huntsville, Ala., for Tamara L. Greer by and through William B. Greer, Tina Greer.

James C. King, Wilson & King, Jasper, Ala., Jerry K. Selman, Selman, Beaird & Selman, Jasper, Ala., for John S. Kirkpatrick.

Edgar M. Elliott, IV, Rives & Peterson, Birmingham, Ala., for Skilcraft, Sears, Roebuck & Co., Inc., Dr. Winston Guthrie, and Wife Barbara, Scott Guthrie, et al.

William R. Lucas, Jr., Sid J. Trant, Bradley, Arant, Rose & Whitt, Birmingham, Ala., for American Motors Corp., American Motors Sales Corp., Jeep Corp., et al.

Roger D. Burton, Jaffe, Burton & Digiorgio, Birmingham, Ala., for Ashley Victoria Barnett, by and through Teresa Myer's Barnett.

James W. Gewin, Joseph S. Bird, Bradley, Arant, Rose & White, Birmingham, Ala., for Columbia Mfg. Co., Inc., et al.

OPINION

POINTER, Chief Judge.

More than 150 civil actions were removed to this court on December 15, 16, and 19, 1988. Most were cases with fictitious parties that had been pending in state court for months or even years, and were being removed on the basis of Section 1016 of the Judicial Improvements and Access to Justice Act, P.L. 100-702 (the "Act"). This flurry of activity resulted from the defendants' belief that this Section — which in part...

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