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BIRKENBUEL v. M.C.C. CONST. CORP.

No. CV 97-19-GF-DWM.

962 F.Supp. 1305 (1997)

Harry BIRKENBUEL, Plaintiff, v. M.C.C. CONSTRUCTION CORPORATION, a Colorado Corporation, Defendant.

United States District Court, D. Montana, Great Falls Division.

May 8, 1997.

Attorney(s) appearing for the Case

William P. Conklin, Conklin, Nybo, LeVeque & Murphy, Great Falls, MT, for Plaintiff.

Jeanne M. Bender, Elizabeth A. Nedrow, Holland & Hart, Billings, MT, for Defendant.

ORDER

MOLLOY, District Judge.

Plaintiff Harry Birkenbuel ("Birkenbuel") brought this wrongful discharge action in Montana state court. On February 3, 1997, defendant M.C.C. Construction ("MCC") removed the case to this court on diversity grounds. Birkenbuel now moves for remand on the grounds that the amount in controversy is less than the jurisdictional amount of $75,000. The motion to remand is GRANTED, for the following reasons.

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