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BROCK BY BROCK v. SYNTEX LABORATORIES, INC.

No. Civ. 4-91-101.

791 F.Supp. 721 (1992)

Craig McKown BROCK, a minor, by next friend, Edward W. BROCK and Sherry Ray Brock, and Edward W. Brock and Sherry Ray Brock, Individually, Plaintiffs, v. SYNTEX LABORATORIES, INC., Defendant.

United States District Court, E.D. Tennessee, Winchester Division.

May 19, 1992.

Attorney(s) appearing for the Case

Robert S. Peters, Winchester, Tenn., Lawrence B. Clark, James F. Walsh, Birmingham, Ala., for plaintiffs.

Henry H. Hancock, G. Ray Bratton, Rebecca P. Tuttle, Farris, Hancock, Gilman, Branan & Hellen, Memphis, Tenn., for defendant.

MEMORANDUM OPINION

JARVIS, Chief Judge.

The determinative issue is whether or not the one-year bar on removal of diversity cases found at 28 U.S.C. § 1446(b) is jurisdictional. Because I conclude that it is, plaintiffs' motion to remand, though untimely under 28 U.S.C. § 1447(c), must be granted.

I.

Factual and Procedural Background

The defendant contends that the plaintiffs have obviously manipulated their pleadings...

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