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GERMANN v. VULCAN MATERIALS CO.

No. 00 CV 302 BTM (LAB).

106 F.Supp.2d 1010 (2000)

Robert E. GERMANN, Plaintiff, v. VULCAN MATERIALS CO., CalMat Division d/b/a CalMat Concrete & Aggregate Division, a division of Vulcan Materials, an Alabama corporation d/b/a CalMat Company d/b/a CalMat Concrete; and Does 1 through 50, Defendant.

United States District Court, S.D. California.

July 26, 2000.

Attorney(s) appearing for the Case

Milton J. Silverman, Jr., Law Offices of Milton Silverman, San Diego, CA, for Plaintiff.

William Spencer Hamer, III, Musick, Peeler and Garrett, Los Angeles, CA, for Defendant.

ORDER GRANTING PLAINTIFF'S MOTION TO REMAND; DENYING DEFENDANT'S MOTION TO DISMISS

MOSKOWITZ, District Judge.

This matter comes before the Court on plaintiff's motion to remand his case to the Superior Court of San Diego County and on defendant's motion to dismiss plaintiff's complaint. Defendant removed the case based on federal question jurisdiction, 28 U.S.C. § 1331, arguing that plaintiff's state law claim was an artfully pled cause of action arising...

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