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WATTERSON v. GMRI, INC.

Civil Action No. 3:97-0760.

14 F.Supp.2d 844 (1997)

Jo Ann WATTERSON and Robert Watterson, Plaintiffs, v. GMRI, INC., d/b/a Red Lobster, a Florida Corporation, Defendant.

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

December 9, 1997.

Attorney(s) appearing for the Case

C. Dallas Kayser, Matthew L. Clark, Point Pleasant, WV, for Plaintiffs.

W. Warren Upton, Scott H. Kaminski, Charleston, WV, for Defendant.

MEMORANDUM OPINION AND ORDER

STAKER, Senior District Judge.

The issue before the court is whether the defendant may contest the plaintiffs' allegation in their complaint of a specific sum, which is less than the minimum required for diversity jurisdiction, as the amount in controversy and thereby effectuate removal of the case from state court.

I. Introduction

The plaintiffs instituted this suit in the Circuit Court of Cabell County alleging...

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