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IN RE MAINE ASBESTOS CASES

Lead Civil Docket No. 98-368-P-H. Nos. 2:98-369, 2:98-370, 2:98-371, 2:98-372, 2:98-373, 2:98-374, 2:98-375, 2:98-376, 2:98-377, 2:98-378.

44 F.Supp.2d 368 (1999)

In re MAINE ASBESTOS CASES. Eugene Alexander, et al., Plaintiffs, v. A.P. Green Industries, Inc., et al., Defendants.

United States District Court, D. Maine.

March 18, 1999.

Attorney(s) appearing for the Case

G. William Higbee, McTeague, Higbee, MacAdam, Case, Watson & Cohen, Topsham, ME, Antonio Pyle, Pittsburgh, PA, for Plaintiffs.

Christopher A.D. Hunt, Cetrulo & Capone, Boston, MA, for Defendants A.P. Green Industries Inc., Armstrong World Industries, Inc., GAF Corporation, Gasket Holdings fka Flexitallic Inc., Flexitallic Inc.

John Hubbard Rich, III, Thomas Schulten, Perkins, Thompson, Hinckley & Keddy, Portland, ME, for Defendant Eastern Refractories Inc.

George F. Burns, Burns, Ray & Delano, Portland, ME, for Defendant Garlock Inc.

Keith Jacques, Smith, Elliott, Smith & Garmey P.A., Saco, ME, for Defendant Owens-Corning.

Nancy Roux, Danaher, Tedford, Lagnese & Neal, Hartford, CT, for Defendant Pittsburgh-Corning Corp.

Mark G. Furey, Thompson, McNaobe, Ashley & Bull, Portland, ME, for Defendant Rapid American Corp.

Michael E. Saucier, Thompson & Bowie, Portland, ME, for Defendant W.L. Blake & Co.

Brian L. Champion, Haley & Champion, Bath, ME, for Third-Party Defendant Bath Iron Works.

ORDER ON PLAINTIFFS' MOTION FOR REMAND

HORNBY, Chief Judge.

The plaintiffs, all residents of Maine, have moved to remand these removed asbestos cases to state court for lack of diversity subject matter jurisdiction. The issue is whether a Maine defendant (who destroys diversity) was fraudulently joined. Because the removing defendants have not satisfied their burden of proving fraudulent joinder, the plaintiffs' motions to remand are GRANTED.

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