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WILLIAMS v. AFC ENTERPRISES, INC.

No. 04-10104.

389 F.3d 1185 (2004)

Mary T. WILLIAMS, on behalf of herself and all others similarly situated, Plaintiff-Appellee, v. AFC ENTERPRISES, INC., Frank J. Belatti, et al., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

November 5, 2004.

Attorney(s) appearing for the Case

Lex M. Erwin, M. Robert Thornton, John P. Brumbaugh, Michael R. Smith, King & Spaulding, Atlanta, GA, for Defendants-Appellants.

Christi A. Cannon, Corey Daniel Holzer, Holzer, Holzer & Cannon, LLC, Atlanta, GA, S. Gene Cauley, Randell K. Pulliman, J. Allen Carney, Cauley, Geller, Bowman, Coates & Rudman, LLP, Little Rock, AR, for Plaintiff-Appellee.

Before BIRCH, BARKETT and COX, Circuit Judges.

COX, Circuit Judge:

I. Introduction

The plaintiff filed in state court this putative class action asserting claims under the Securities Act of 1933. The defendants removed the case to federal court. Plaintiff filed a timely motion to remand to state court, arguing that the Securities Litigation Uniform Standards Act of 1998 precludes removal. The district court granted plaintiff's motion to remand, then sua sponte stayed its order and certified it...

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