FAUST v. AMERICAN RED CROSS

No. C 91-20379 JW.

773 F.Supp. 1380 (1991)

Loretta FAUST, individually, Administratrix of the Estate and Personal Representative of the Heirs of Lovada V. Faust, deceased, and Virginia Freeman, Plaintiffs, v. AMERICAN RED CROSS, SANTA CLARA VALLEY CHAPTER (BLOOD CENTER); and Does 1 through 100, inclusive, Defendants.

United States District Court, N.D. California, San Jose Division.

October 3, 1991.


Attorney(s) appearing for the Case

Michael James Moriarty, San Francisco, Cal., for plaintiffs.

Robert S. Luft, Ropers, Majeski, Kohn, Bentley, Wagner & Kane, San Jose, Cal., for defendants.


ORDER GRANTING MOTION TO REMAND

WARE, District Judge.

For the reasons set forth below, the Court REMANDS this action to state court, pursuant to 28 U.S.C. § 1446(c)(4), for want of jurisdiction.

I. BACKGROUND

Plaintiffs filed an action against American Red Cross in Superior Court on June 16, 1989. They claimed that Lovada Faust, who died of AIDS, contracted the disease from a blood transfusion she received. The blood came from the...

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