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CONK v. RICHARDS & O'NEIL, LLP

No. IP-99-0922-C H/G.

77 F.Supp.2d 956 (1999)

Edward M. CONK, Plaintiff, v. RICHARDS & O'NEIL, LLP, Floyd Wittlin and Robert Leonard, Defendants.

United States District Court, S.D. Indiana, Indianapolis Division.

December 8, 1999.

Attorney(s) appearing for the Case

B. Keith Shake, Henderson Daily Withrow & Devoe, Indianapolis, IN, for Plaintiff.

Brian W. Welch, Amie Peele Carter, McHale Cook & Welch, Indianapolis, IN, for Defendants.

ENTRY REMANDING ACTION TO STATE COURT

HAMILTON, District Judge.

The central issue in this case is whether the presence of an Indiana citizen as a defendant in this diversity action properly defeats removal from state court or whether removal was proper because the Indiana citizen was fraudulently joined as a defendant. The case also presents issues concerning whether a court may consider factual assertions outside the pleadings in deciding a question of...

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