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IN RE BAIRNCO CORP.

No. 2:93-0789.

837 F.Supp. 176 (1993)

In re SUCCESSOR LIABILITY CLAIMS AGAINST BAIRNCO CORPORATION.

United States District Court, S.D. West Virginia, Charleston Division.

November 18, 1993.

Attorney(s) appearing for the Case

Tybe A. Brett, Theodore Goldberg, Henderson & Goldberg, Pittsburgh, PA, Scott S. Segal, Segal and Davis, Charleston, WV, for plaintiffs in the collective or "mass" group of cases styled "In re Asbestos III" in the circuit court of Kanawha County, WV, in Civil Action No. 92-C-8888.

Robert B. King, Stephanie D. Thacker, King, Betts & Allen, Charleston, WV, Neal R. Brendel, Kenneth J. Cammarato, Kirkpatrick & Lockhart, Pittsburgh, PA, John H. Hall, Debevoise & Plimpton, New York City, Loren Kieve, Debevoise & Plimpton, Washington, DC, for defendant.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending is the Plaintiffs' motion to remand. For reasons discussed below, the Court GRANTS the Plaintiffs' motion and REMANDS this action to the Circuit Court of Kanawha County. The Court chooses not to award attorney fees and costs.

The Defendant, Bairnco Corporation, asserts this case was properly removed based on...

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