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BENJAMIN v. WAL-MART STORES, INC.

C.A. Nos. 9:05-3406-PMD, 9:05-3407-PMD.

413 F.Supp.2d 652 (2006)

Margaret BENJAMIN, Plaintiff, v. WAL-MART STORES, INC., Doug Stuckey and John Doe, Defendants. Roy E. Benjamin, Plaintiff, v. Wal-Mart Stores, Inc., Doug Stuckey and John Doe, Defendants.

United States District Court, D. South Carolina, Beaufort Division.

February 9, 2006.

Attorney(s) appearing for the Case

Cory H. Fleming, Moss Kuhn and Fleming, Beaufort, SC, for Plaintiffs.

David Starr Cobb, Turner Padget Graham and Laney, Charleston, SC, for Defendants.

ORDER

DUFFY, District Judge.

This matter is before the court on Plaintiffs' Motion to Remand pursuant to 28 U.S.C. § 1447(c). Plaintiffs claim that complete diversity of citizenship is lacking because Defendants Doug Stuckey and John Doe are residents of South Carolina, as are Plaintiffs. Defendants contend that Stuckey and Doe are fraudulently joined and, therefore, that removal is proper. For the reasons set forth herein, Plaintiffs' motion...

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