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HARLESS v. CSX HOTELS, INC.

No. 03-2433.

389 F.3d 444 (2004)

Sarah HARLESS, Personal representative of Edward Lewis and administratrix of his estate, Plaintiff-Appellee, v. CSX HOTELS, INCORPORATED, a/k/a The Greenbrier Hotel, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: November 16, 2004.

Attorney(s) appearing for the Case

ARGUED: John Robert Hunt, Shea, Stokes & Carter, A.L.C., Atlanta, Georgia, for Appellant. Weldon Mark Burnette, Burnette & Burnette, Lewisburg, West Virginia, for Appellee. ON BRIEF: Arch Stokes, Shea, Stokes & Carter, A.L.C., Atlanta, Georgia, for Appellant.

Before WILKINS, Chief Judge, MOTZ, Circuit Judge, and Henry E. HUDSON, United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed by published opinion. Judge Hudson wrote the opinion, in which Chief Judge Wilkins and Judge Motz joined.

HUDSON, District Judge:

CSX Hotels, Incorporated, d/b/a The Greenbrier Hotel ("The Greenbrier"), appeals an Order of the district court remanding this case back to state court, after granting a second amendment of the Complaint which intentionally eliminated all federal claims. The Greenbrier contends that the district court erred in remanding...

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