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FARM BUREAU MUT. INS. CO., INC. v. EIGHMY

Civ. A. No. 93-2487-GTV.

849 F.Supp. 40 (1994)

FARM BUREAU MUTUAL INSURANCE COMPANY, INC., Sphere Drake Underwriting Management Limited, and Terra Nova Insurance Company Limited, Plaintiffs, v. James M. EIGHMY and Eve B. Eighmy, Defendants.

United States District Court, D. Kansas.

March 8, 1994.

Attorney(s) appearing for the Case

James L. Sanders, Karl W. Kuckelman, Wallace, Saunders, Austin, Brown & Enochs, Overland Park, KS, for plaintiffs.

Christopher Barhorst, Kansas City, MO, H. Kent Desselle, Desselle Law Office, P.C., Independence, MO, for James M. Eighmy, Eve B. Eighmy.

Robert J. Bednar, Duncan, Senecal, Bedner & Asher, Atchison, KS, for Troy State Bank.

MEMORANDUM AND ORDER

VAN BEBBER, District Judge.

This case is before the court on plaintiffs' motion (Doc. 4) to remand the case to the District Court of Doniphan County, Kansas. Plaintiffs' also seek costs, including reasonable attorney fees, pursuant to 28 U.S.C. § 1447(c) for improper removal. For the reasons set forth below, the motion to remand is granted but the request for costs is denied.

I. Background

Plaintiffs...

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