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MARTIN v. DRUMMOND COAL CO., INC.

Civ. A. No. 91-AR-0142-S.

756 F.Supp. 524 (1991)

John H. MARTIN, Plaintiff, v. DRUMMOND COAL COMPANY, INC., et al., Defendants.

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

February 6, 1991.

Attorney(s) appearing for the Case

Thomas R. Christian, Montgomery, Ala., Clarence M. Small, Jr., Rives & Peterson, J.L. North, J. Timothy Francis, Birmingham, Ala., for plaintiff.

Fournier J. Gale, III, Maibeth J. Porter, Kathie A. Weber, Maynard, Cooper, Frierson & Gale, Birmingham, Ala., for defendants.

MEMORANDUM OPINION

ACKER, District Judge.

The court has for consideration the motion of John H. Martin, plaintiff in the above-entitled case, to remand it to the Circuit Court of Jefferson County, Alabama, from whence it was removed on January 22, 1991, by defendants, Drummond Coal Company, Inc., et al. Also for consideration is plaintiff's motion to strike the affidavit of Robert K. Payson, filed by defendants in opposition to plaintiff's motion to remand...

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