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BOLTON v. McWANE CAST IRON & PIPE CO.

No. CV-04-CO-752-S.

328 F.Supp.2d 1229 (2004)

Kenneth W. BOLTON, Plaintiff, v. MCWANE CAST IRON & PIPE CO., Defendant.

United States District Court, N.D. Alabama, Southern Division.

July 21, 2004.

Attorney(s) appearing for the Case

Jeffrey C. Kirby, Pittman, Hooks, Dutton, Dirby & Hellums, PC, Birmingham, AL, Amy J. Hayes, Clanton, AL, for Plaintiff.

David M. Smith, John B Holmes, III, Maynard, Cooper & Gale PC, Birmingham, AL, William T. Campbell, Jr., Campbell & Douglas, Sylacauga, AL, for Defendant.

MEMORANDUM OF OPINION

COOGLER, District Judge.

I. Introduction.

Plaintiff filed suit against McWane Cast Iron & Pipe Company ("McWane") in the Circuit Court of Chilton County, Alabama, on November 5, 2002. McWane was served with the complaint on December 13, 2002. In his complaint, Plaintiff asserted state law causes of action for workmen's compensation benefits (Count One) and negligence (Count...

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