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BRIERLY v. ALUSUISSE FLEXIBLE PACKAGING, INC.

No. 97-6190.

184 F.3d 527 (1999)

Jeffrey D. BRIERLY, Administrator of the Estate of Paul Brierly, Plaintiff-Appellant, v. ALUSUISSE FLEXIBLE PACKAGING, INC.; David Ellison, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided June 10, 1999.

Rehearing and Suggestion for Rehearing Denied July 30, 1999.

Attorney(s) appearing for the Case

Joseph M. Kelly (briefed), Fred E. Fischer (argued and briefed), Fischer & Greene, Louisville, KY, for Plaintiff-Appellant.

William P. Swain (briefed), John W. Phillips (argued and briefed), Michael S. Maloney (briefed), Boehl, Stopher & Graves, Louisville, KY, John L. Smith (briefed), John H. Harralson, III (briefed), Smith & Helman, Louisville, KY, Arnold Taylor (argued and briefed), O'Hara, Ruberg, Taylor, Sloan & Sergent, Covington, KY, for Defendants-Appellees.

Before: GUY, DAUGHTREY, and MOORE, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied July 30, 1999.

AMENDED OPINION

DAUGHTREY, Circuit Judge.

This diversity wrongful-death action was originally filed in state court against two defendants, only one of whom had been served when the case was removed to federal court. The district court remanded, after finding lack of proof of complete diversity. When the case was removed a second time by the previously unserved defendant, however...

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