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GUGLIELMINO v. McKEE FOODS CORP.

No. 05-16144.

506 F.3d 696 (2007)

Carlo GUGLIELMINO; Briant ChunHoon, Plaintiffs-Appellants, v. McKEE FOODS CORPORATION, a Tennessee Corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 9, 2007.

Attorney(s) appearing for the Case

Edward S. Zusman, San Francisco, CA, argued the cause and filed briefs for the plaintiffs-appellants. Kevin K. Eng, San Francisco, CA, was also on the briefs.

William H. Pickering, Chattanooga, TN, argued the cause and filed a brief for the defendant-appellee. Anthony A. Jackson, Chattanooga, TN, R. Brian Dixon, San Francisco, CA, and Michael Hoffman, San Francisco, CA, were also on the briefs.

Before: DIARMUID F. O'SCANNLAIN, MICHAEL DALY HAWKINS, and KIM McLANE WARDLAW, Circuit Judges.

Opinion by Judge O'SCANNLAIN; Concurrence by Judge O'SCANNLAIN.

O'SCANNLAIN, Circuit Judge:

We must decide the proper burden of proof to be borne by the removing defendant when plaintiffs move to remand the case to state court and their complaint alleges damages less than the jurisdictional threshold for diversity cases but does not specify a total amount in controversy.

I

Briant Chun-Hoon and Carlo...

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