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ELL v. S.E.T. LANDSCAPE DESIGN, INC.

No. 98 Civ. 5911(WCC).

34 F.Supp.2d 188 (1999)

Bobbie J. ELL and Thomas McVeigh, Plaintiffs, v. S.E.T. LANDSCAPE DESIGN, INC., Glenn Nixon and Lesco, Inc., Defendants.

United States District Court, S.D. New York.

January 25, 1999.

Attorney(s) appearing for the Case

Grogan, Souto & Schonberg, P.C., Goshen, NY, Edward P. Souto, of counsel, for plaintiffs.

Law Offices of Robert P. Augello, Middletown, NY, Robert P. Augello, of counsel, for defendant S.E.T. Landscape Design, Inc.

Law Offices of Marc D. Orloff, P.C., Goshen, NY, Anthony J. Perna, Jr., of counsel, for defendant Glenn Nixon.

Clemente, Dickson & Mueller, P.A., Morristown, NJ, William F. Mueller, Lori Anne Fee, Caroline L. Feeney, of counsel, for defendant LESCO, Inc.

OPINION AND ORDER

WILLIAM C. CONNER, Senior District Judge.

Defendant LESCO, Inc. ("LESCO") removed this action from Supreme Court for the State of New York, County of Orange, claiming federal question jurisdiction under 28 U.S.C. § 1331 as the basis for removal. Pursuant to 28 U.S.C. § 1447(c), defendant Glenn Nixon ("Nixon") has moved for remand of the action to the state court. For the reasons stated herein, defendant Nixon's motion is...

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