CARTER v. HITACHI KOKI U.S.A., LTD.

Civil Action No. 2:05cv702.

445 F.Supp.2d 597 (2006)

Billy J. CARTER, Plaintiff, v. HITACHI KOKI U.S.A LTD., Hitachi Koki Co., Ltd., Hitachi Power Tools U.S.A., Ltd., Master Tool Repair, Inc., Defendants.

United States District Court, E.D. Virginia, Norfolk Division.

August 2, 2006.


Attorney(s) appearing for the Case

Anthony Louis Montagna, Jr., Montagna & Montagna PC, Michael F. Imprevento, Breit Drescher & Imprevento PC, Norfolk, VA, for Plaintiff.

Charles Kalman Seyfarth, Sandra Giannone Ezell, Bowman and Brooke, LLP, Richmond, VA, for Defendants Hitachi Koki U.S.A., Ltd., Hitachi Koki Co., Ltd., Hitachi Power Tools U.S.A., Ltd., and Master Tool Repair, Inc.


OPINION AND ORDER

KELLEY, District Judge.

Although plaintiff Billy J. Carter ("Carter") and defendant Master Tool Repair, Inc. ("Master Tool") are both Virginia citizens, defendants removed this product liability action from state to federal court. Defendants assert that removal is proper because Master Tool was fraudulently joined as a party to defeat diversity jurisdiction.

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