DOE v. BAYER CORP.

No. 1:03 CV 00727.

344 F.Supp.2d 466 (2004)

Michael and Cynthia DOE, individually and as guardians ad litem of Minor Child Doe, Plaintiffs, v. BAYER CORPORATION, Individually and as Successor-in-interest to Miles, Inc., an Indiana corporation; Bayer Biological Products, a division of Bayer Corporation, an Indiana corporation; and Eli Lilly and Company, an Indiana corporation, Defendants.

United States District Court, M.D. North Carolina.

November 1, 2004.


Attorney(s) appearing for the Case

William Marc Graham, Jean Sutton Martin, Wallace and Graham, P.A., Salisbury, NC, for Plaintiffs.

Richard W. Ellis, Paul K. Sun, Jr., Alex John Hagan, Andrew S. Chamberlin, Ellis & Winters, LLP, Raleigh, NC, Bradley Reid Kutrow, Helms Mulliss & Wicker, P.L.L.C, Charlotte, NC, for Defendants.


MEMORANDUM OPINION AND ORDER

OSTEEN, District Judge.

This matter is now before the court on Plaintiffs' Motion to Remand. For the reasons stated herein, the court finds Bayer Biological Products, an unincorporated division of Bayer HealthCare L.L.C., to be an improper party. The court also finds it has jurisdiction pursuant to 28 U.S.C. § 1332. Plaintiffs' motion to remand the case to the General Court of Justice, Superior Court Division, Durham...

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