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PARKS v. GUIDANT CORP.

No. 2:05 CV 042 PS.

402 F.Supp.2d 964 (2005)

Evelyn J. PARKS and Michael Parks, Plaintiffs, v. GUIDANT CORPORATION, Guidant Sales Corporation, Guidant Holdings, Inc., Defendants.

United States District Court, N.D. Indiana, Hammond Division.

November 21, 2005.

Attorney(s) appearing for the Case

Kenneth J. Allen, William James Lazarus, Kenneth J. Allen and Associates PC, Valparaiso, IN, for Plaintiffs.

Alison G. Fox, Baker & Daniels, South Bend, IN, Thomas G. Stayton, Baker & Daniels, Indianapolis, IN, for Defendants.

OPINION AND ORDER

SIMON, District Judge.

Plaintiffs filed this products liability case in Indiana state court and Defendants removed it under the federal officer removal statute, 28 U.S.C. § 1442(a)(1). Before the Court is Plaintiffs' Motion for Remand. [Doc. 15.] Our jurisdiction hinges on whether Defendants acted under the direction of a federal agency and whether Defendants' removal was timely. For the reasons set forth below, Plaintiffs' motion...

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