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MIXER v. M.K.-FERGUSON CO.

Civil Action No. 6:98-0326.

17 F.Supp.2d 569 (1998)

Robert F. MIXER, Plaintiff, v. M.K.-FERGUSON COMPANY, a corporation, and Fred B. Cross, Defendants.

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

August 12, 1998.

Attorney(s) appearing for the Case

Jane E. Peak, Allan N. Karlin, Allan N. Karlin & Associates, Morgantown, WV, for Plaintiff.

Jennifer Z. Cain, Jackson & Kelly, Parkersburg, WV, Charles M. Surber, Jr., Jackson & Kelly, Charleston, WV, for Defendants.

REMAND ORDER

GOODWIN, District Judge.

Pending before the Court is the plaintiff's motion to remand this state-law age discrimination case to the Circuit Court of Wood County, West Virginia, for lack of subject-matter jurisdiction. The defendants had removed the case to federal court based upon their assertion that § 301 of the Labor Management Relations Act (LMRA) pre-empts the plaintiff's claim, thereby creating federal subject-matter jurisdiction...

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