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O'QUINN v. CNH AMERICA, LLC

Action No. 2:06cv470.

457 F.Supp.2d 678 (2006)

Jimmy O'QUINN, Plaintiff, v. CNH AMERICA, LLC t/a Case IH and/or Case, Lebanon Equipment Company, Inc., and Fowlkes Machine Company, Inc., Defendants.

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

October 18, 2006.

Attorney(s) appearing for the Case

Michael F. Imprevento, Breit Drescher & Imprevento PC, Norfolk, VA, Thomas Charles Dawson, Jr., McKenry Dancigers Warner Dawson & Lake PC, Virginia Beach, VA, for Plaintiff.

Brickford Y. Brown, Eric George Reeves, Moran Kiker Brown PC, Richmond, VA, Michael C. Richards, Wootenhart PLC, Roanoke, VA, Joseph Michael Young, Michael Lewis Atlee, Richard Yorke Atlee, Richard Yorke Atlee, Jr., Hall, Fox and Atlee, P.C., Hampton, VA, for Defendants.

ORDER OF REMAND

REBECCA BEACH SMITH, District Judge.

For the reasons discussed below, the court finds that subject matter jurisdiction is lacking and the above-styled action is hereby REMANDED, pursuant to 28 U.S.C. § 1447(c), to the Circuit Court of the City of Norfolk, Virginia, where it was originally filed.

I. Factual and Procedural History

On November 24, 2004, plaintiff Jimmy O'Quinn ("O'Quinn") filed this...

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