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MALEY v. DESIGN BENEFITS PLAN, INC.

No. 1:00-CV-625.

125 F.Supp.2d 197 (2000)

David MALEY v. DESIGN BENEFITS PLAN, INC., (formerly known as National Group Marketing Corporation)

United States District Court, E.D. Texas, Beaumont Division.

November 29, 2000.

Attorney(s) appearing for the Case

I Nelson Hegen, Houston, TX, for plaintiff.

Yasmin Atasi, James Keith Russell, Winstead Sechrest & Minick, Houston, TX, for defendant.

MEMORANDUM OPINION

COBB, District Judge.

This is a dispute over an insurance agent's commissions. Plaintiff David Maley moves to remand this diversity case to the Texas state court where it was originally filed because, he alleges, the requisite amount in controversy is not present. Defendant Design Benefits Plan, Inc. responds to this motion by showing by a preponderance of the evidence that Plaintiff's breach of contract, fraud, and conspiracy claims...

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