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WIACEK v. EQUITABLE LIFE ASSUR. SOC. OF THE U.S.

No. 92-CV-72877-DT.

795 F.Supp. 223 (1992)

Walter WIACEK and Bessie Wiacek, Plaintiffs, v. EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, a New York corporation, General Growth/Center Companies, Inc., a Delaware corporation; jointly and severally, Defendants.

United States District Court, E.D. Michigan, S.D.

July 29, 1992.

Attorney(s) appearing for the Case

John I. Kittel, Richard J. Carolan, Detroit, Mich., for plaintiffs.

John J. Lynch, Paul C. Pfister, Birmingham, Mich., for defendants.

MEMORANDUM OPINION AND ORDER

ZATKOFF, District Judge.

In resolving plaintiffs' motion to remand, the Court holds that a non-diverse defendant, that was fraudulently joined and involuntarily dismissed in state court, does not destroy complete diversity of citizenship for purposes of establishing subject matter jurisdiction upon removal.

I.

This is a slip and fall case and it is before the Court on plaintiffs' motion to remand to the Wayne...

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