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McKEE v. KANSAS CITY SOUTHERN RY. CO.

No. 03-60259.

358 F.3d 329 (2004)

Phyllis Body McKEE, Plaintiff-Appellant, v. KANSAS CITY SOUTHERN RAILWAY CO.; et al., Defendants, Kansas City Southern Railway Co.; Eric W. Robinson; Robert E. Everett; C.L. Duett, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 23, 2004.

Attorney(s) appearing for the Case

Carroll E. Rhodes (argued), Law Offices of Carroll Rhodes, Hazelhurst, MS, Constance Iona Harvey, Forest, MS, for Plaintiff-Appellant.

Chad Michael Knight (argued), Wise, Carter, Child & Caraway, Jackson, MS, for Defendants-Appellees.

Before DeMOSS, DENNIS and PRADO, Circuit Judges.

DeMOSS, Circuit Judge:

Plaintiff/Appellant sued diverse and non-diverse Defendants/Appellees in Mississippi state court. Defendants removed the case to federal district court based on purported diversity jurisdiction. Plaintiff made a motion to remand the case to state court, claiming there was not complete diversity and therefore the federal district court lacked subject matter jurisdiction. Defendants responded with purported evidence of fraudulent joinder. The...

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