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MARTINE v. NATIONAL TEA CO.

Civ. A. No. 92-882-B.

841 F.Supp. 1421 (1993)

Alexis MARTINE and Paula Martine v. NATIONAL TEA COMPANY d/b/a the Real Superstore, Kelley Co., and Gambit International, Inc.

United States District Court, M.D. Louisiana.

March 24, 1993.

Attorney(s) appearing for the Case

Lewis O. Unglesby, Lewis O. Unglesby, Attorney at Law, Stephen Randolph Edwards, Baton Rouge, LA, for plaintiffs.

Robert Spencer McCullough, Michael Stuart Mitchell, McGlinchey Stafford Lang, New Orleans, LA, for National Tea Company.

Daniel Joseph Balhoff, Ben Louis Day, Mathews, Atkinson, Guglielmo, Marks & Day, Baton Rouge, LA, for Kelley Co.

RULING ON PLAINTIFFS' MOTION TO REMAND

POLOZOLA, District Judge.

This matter is before the Court on plaintiffs' Motion to Remand and for Costs and Expenses. Though this Court has grave concerns about a plaintiff intentionally withholding service until the one year period for removal has run to prevent removal, the Court finds that the plaintiffs' Motion to Remand should be granted. However, the Court declines to award costs and expenses to the plaintiffs...

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