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LIVELY v. WILD OATS MARKETS, INC.

No. 04-56682.

456 F.3d 933 (2006)

Emma C. LIVELY, Plaintiff-Appellee, v. WILD OATS MARKETS, INC., a Delaware corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 27, 2006.

Attorney(s) appearing for the Case

Richard M. Koep and James A. Rossi, Crandall Wade & Lowe, Calabasas, CA, for the defendant-appellant.

Leonard M. Tavera, Towle, Denison, Smith & Tavera, LLP, Los Angeles, CA, for the plaintiff-appellee.

Before: HAWKINS and PAEZ, Circuit Judges, and WAKE, District Judge.

PAEZ, Circuit Judge:

Defendant-Appellant Wild Oats Market, Inc. ("Wild Oats") appeals the district court's order remanding this action to state court. Wild Oats removed this action to the District Court for the Central District of California alleging that, because the parties were completely diverse and the amount in controversy exceeded $75,000, diversity jurisdiction existed under 28 U.S.C. § 1332, and therefore removal was proper under 28 U.S.C. § 1441...

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