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GALEN-MED, INC. v. OWENS

Civil Action No. 98-0202-A.

41 F.Supp.2d 611 (1999)

GALEN-MED, INC., etc., Plaintiff, v. Farrell D. OWENS, et al., Defendants and Third-Party Plaintiffs, v. Benefit Plan Administrators, Inc., et al., Third-Party Defendants.

United States District Court, W.D. Virginia, Abingdon Division.

January 19, 1999.

Attorney(s) appearing for the Case

Kevin S. Blair, Woods, Rogers & Hazlegrove, P.L.C., Roanoke, VA, for Galen-Med, Inc. and Benefit Plan Adm'rs., Inc.

Susan Gumm Kennedy, Client Centered Legal Services of Southwest Virginia, Inc., Castlewood, VA, for Farrell Owens and Millie Owens.

Mark L. Booz, First Virginia Banks, Inc., Falls Church, Va, for First Virginia Banks, Inc.

OPINION

JONES, District Judge.

The question in this case is whether a third-party defendant may remove an action from state court, based on federal subject-matter jurisdiction. Since I find that a third-party defendant is not a "defendant" within the meaning of the removal statute and because the third-party action here is not a separate and independent claim, I hold that there is no removal jurisdiction...

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