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LAMONTAGNE v. NATIONWIDE MUT. INS. CO.

No. CIV.04-192-P-C.

345 F.Supp.2d 1 (2004)

Rosemerie S. LAMONTAGNE and Donald Lamontagne, Plaintiffs, v. NATIONWIDE MUTUAL INSURANCE COMPANY, and North American Specialty Insurance Company, Defendants.

United States District Court, D. Maine.

November 19, 2004.

Attorney(s) appearing for the Case

Robert A. Laskoff, Laskoff & Associates, Scott A. Quigley, Laskoff & Associates, Lewiston, ME, for Rosemerie S. Lamontagne, Donald Lamontagne, Plaintiffs.

Christopher C. Dinan, Monaghan, Leahy, Hochadel & Libby, John S. Whitman, Richardson, Whitman, Large & Badger, Portland, ME, for Nationwide Mutual Insurance Company, North American Specialty Insurance Company, Defendants.

ORDER DENYING MOTION TO REMAND

GENE CARTER, Senior District Judge.

Before the Court is Plaintiffs' Motion to Remand this action, removed on the basis of diversity of citizenship, to the State Court. (Docket Item No. 9). The Motion is based on the contention that the case is a "direct action" within the meaning and intendment of 28 U.S.C. § 1332(c)(1) and that diversity of citizenship is destroyed by the effect of the statute.

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