McNATT v. FRANKLIN LIFE INS. CO.

No. CIV. A. 97-AR-1515-E.

998 F.Supp. 1253 (1997)

Fred McNATT, Jr., Plaintiff, v. FRANKLIN LIFE INSURANCE COMPANY, et al., Defendants.

United States District Court, N.D. Alabama, Eastern Division.

August 12, 1997.


Attorney(s) appearing for the Case

Joe R. Whatley, Jr., Andrew C. Allen, Peter H. Burke, Birmingham, AL, Larry W. Morris, Morris Haynes Ingram & Hornsby, Alexander City, AL, for Fred McNatt, Jr., and Dall & Whatley.

M. Christian King, Floyd D. Gaines, Lightfoot Franklin & White, Vernon L. Wells, II, Jerry Dean Hillman, Walston Wells Anderson & Bains, Birmingham, AL, for Franklin Life Insurance Company and Jeff Roberts.


MEMORANDUM OPINION

ACKER, District Judge.

The above-entitled case was removed to this court from the Circuit Court of Clay County, Alabama, by defendants, alleging two bases for jurisdiction, ERISA pre-emption and diversity.

The insurmountable problem with a claim of diversity jurisdiction is that the case was pending in the state court for more than one year prior to its removal. 28 U.S.C. &...

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