WHIDDON FARMS, INC. v. DELTA AND PINE LAND CO.

No. Civ.A. 00-0337-RV-C.

103 F.Supp.2d 1310 (2000)

WHIDDON FARMS, INC; West Butler Farms, Inc; and Max Whiddon, Plaintiffs, v. DELTA AND PINE LAND COMPANY; Monsanto Company; Helena Chemical Company; Arnold Woodham; Terra (n/k/a Agro Distributions, L.L.C.), Defendant.

United States District Court, S.D. Alabama, Northern Division.

May 4, 2000.


Attorney(s) appearing for the Case

W. Percy Badham, III, Mitchell G. Allen, N. Lee Cooper, Maynard, Cooper, and Gale P.C., Birmingham, AL, for Whiddon Farms, Inc., West Butler Farms, Inc., Max Widdon.

Steadman S. Shealy, Jr., James H. Pike, Cobb, Shealy & Crum, Dothan, AL, for Delta and Pine Land Company, defendant.

Scott S. Partridge, James F. Shuey, Frilot, Partridge, Kohnke & Clements, New Orleans, LA, Warren B. Lightfoot, Jr., John M. Johnson, Harlan I. Prater, IV, James F. Hughey, III, Kevin E. Clark, Lightfoot, Franklin & White, Birmingham, AL, for Monsanto Company Employee Benefits Plans Committee, defendant.

Ronald G. Davenport, D. Mitchell Henry, Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, AL, for Helena Chemical Company, Arnold Woodham, defendants.

Edward S. Sledge, III, Brian P. McCarthy, for Terra, n/k/a Argro Distributions, Inc., defendant.


OPINION

VOLLMER, District Judge.

This matter comes before the court on defendant Monsanto Company's motion for leave to amend its notice of removal and for reconsideration of an order remanding this case to the Circuit Court of Wilcox County, Alabama. After careful consideration, the court concludes that it lacks jurisdiction to address Monsanto's motion.

I. BACKGROUND

Monsanto, joined by defendants Delta and Pine Land Company and...

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