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BROADBENT v. ALLISON

No. CIV. 1:01CV95.

155 F.Supp.2d 520 (2001)

Andrew BROADBENT, and Rebecca Broadbent, Plaintiffs, v. Kenneth T. ALLISON; Willie T. Allison, and wife, Patricia M. Allison; and Transylvania County Airport, L.L.C., Defendants.

United States District Court, W.D. North Carolina. Asheville Division.

August 17, 2001.

Attorney(s) appearing for the Case

James M. Kimzey, Brevard, NC, for Plaintiffs.

Michael C. Byrne, Law Offices of Michael C. Byrne, Brevard, NC, Ladson F. Hart, Brevard, NC, for Defendants.

MEMORANDUM AND ORDER OF REMAND

THORNBURG, District Judge.

THIS MATTER is before the Court on Plaintiffs' Motion to Remand. Defendants removed this action from Transylvania County, North Carolina, Superior Court, alleging that Plaintiffs' claims are preempted by Federal law and that this Court therefore has federal question jurisdiction. Because the Court concludes that Plaintiffs' claims are not completely preempted, Plaintiffs' motion...

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