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HOWELL v. ST. PAUL FIRE AND MARINE INS. CO.

Civil Action No. 96-3444-B.

955 F.Supp. 660 (1997)

R. Boatner HOWELL v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY and New England Insurance Company.

United States District Court, M.D. Louisiana.

February 13, 1997.

Attorney(s) appearing for the Case

John S. Campbell, Jr., Tom Fore Phillips, Tamara Dunnaway Simien, Robert W. Barton, Taylor, Porter, Brooks & Phillips, Baton Rouge, LA, David John Messina, Taylor, Porter, Brooks & Phillips, New Orleans, LA, George L. Claver, III, Baton Rouge, LA, for R. Boatner Howell.

Mishthi Grace Ratnesar, Campbell, McCranie, Sistrunk, Anzelmo & Hardy, Metairie, LA, Harvey C. Koch, Jr., Ronald Lee Riggle, Koch & Rouse, New Orleans, LA, for St. Paul Fire and Marine Ins. Co.

John Villars Baus, Jr., David S. Daly, Jennifer Carter deBlanc, Hammett & Baus, New Orleans, LA, for New England Insurance Company.

RULING ON PLAINTIFF'S MOTION TO REMAND

POLOZOLA, District Judge.

The issue presented in this motion to remand requires the Court to again determine the meaning and intent of 28 U.S.C. § 1446(b). Specifically, the Court must determine whether the one year limitation on removing diversity cases to federal court precludes the defendants from removing this suit to federal court. For reasons which follow, the Court finds that the one year limitation in section...

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