MULLINS v. HINKLE

Civil Action No. 5:96-0634.

953 F.Supp. 744 (1997)

Robert A. MULLINS, in his capacity as Administrator of the Estate of Etta Jean Malcomb, Plaintiff, v. Danny Lee HINKLE; the City of Richwood, West Virginia, a municipal corporation; David Smith, personally, and in his capacity as a member of the Police Department of the City of Richwood, West Virginia; Jimmy Gladwell, personally, and in his capacity as Mayor of the City of Richwood, West Virginia; Larry Tinney in his capacity as Chief of the Police Department of the City of Richwood, West Virginia; Frank White, Charles Reel, James Jarrett, Noble James, Jarrett Rader and Teresa McCarley as members of the City Council of the City of Richwood, West Virginia, Defendants.

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

February 5, 1997.


Attorney(s) appearing for the Case

Harley E. Stollings, Breckinridge, Davis, Sproles & Stollings, Summersville, WV, for plaintiff.

Mark D. Hudnall, Summersville, WV, for Hinkle.

Charles R. Bailey, George J. Joseph, Shuman, Annand & Poe, Charleston, WV, for remaining defendants.


OPINION AND ORDER

GOODWIN, District Judge.

On September 25, 1996, Magistrate Judge Mary Feinberg filed Findings and a Recommendation that the Court grant the plaintiff's Motion to Remand for failure of all defendants to join in the petition for removal. The removing defendants (all defendants except the defendant Hinkle) objected to the Findings and Recommendation on October 9, 1996. These defendants assert that...

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