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TOOLE v. CHUPP

Civil Action No. 2:06cv652-MHT.

456 F.Supp.2d 1218 (2006)

Marie TOOLE and Chris Toole, Plaintiffs, v. Matthew CHUPP, et al., Defendants.

United States District Court, M.D. Alabama, Northern Division.

September 19, 2006.

Attorney(s) appearing for the Case

Jimmy Spurlock Calton, Jr., Calton & Calton, Eufaula, AL, for Plaintiff.

Randall C. Morgan, Hill Hill Carter Franco Cole & Black, Montgomery, AL, Courtney Reilly Potthoff, Joel P. Smith, Jr., Williams, Potthoff, Williams & Smith, LLC, Eufaula, AL, for Defendants.

OPINION AND ORDER

MYRON H. THOMPSON, District Judge.

In this case, which was removed from an Alabama state court to federal court based on complete diversity-of-citizenship jurisdiction, 28 U.S.C. § 1332(a), two issues are presented on a motion to remand. The first is whether the state citizenship of a defendant uninsured motorist carrier that has `opted out' pursuant to Alabama law should be considered...

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