ILL. EX REL. SECRETARY OF TRANSP. v. DELONG'S

No. 99-3026.

57 F.Supp.2d 639 (1999)

People of the State of ILLINIOS ex rel. The SECRETARY OF the DEPARTMENT OF TRANSPORTATION and Charles W. Wandling, Plaintiff, v. DELONG'S INCORPORATED, a Missouri business corporation, Defendant.

United States District Court, C.D. Illinois, Springfield Division.

July 15, 1999.


Attorney(s) appearing for the Case

Val C. Simhauser, Springfield, IL, for plaintiff.


OPINION

RICHARD MILLS, District Judge.

Because the essential nature and effect of this proceeding establish that the State of Illinois is the real party in interest, Defendant's removal of this case cannot be founded upon diversity of jurisdiction.

Accordingly, Plaintiff's motion to remand is allowed.

I. BACKGROUND

Charles W. Wandling is a resident of the State of Illinois and works for the Illinois Department of Transportation...

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