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WILKINSON v. SHACKELFORD

No. 06-2018.

478 F.3d 957 (2007)

Heather WILKINSON, Appellant, v. Jacob Allen SHACKELFORD; Michelin North America, Inc., Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: February 28, 2007.

Attorney(s) appearing for the Case

James Kirk Rahm, argued, Warrensburg, MO (T. Michael Ward, St. Louis, MO, on the brief), for appellant.

Kenneth Lee Marshall, argued, St. Louis, MO (Daniel J. Carpenter, Dan H. Ball, St. Louis, MO, on the brief), for appellee.

Before LOKEN, Chief Judge, BYE and SHEPHERD, Circuit Judges.

BYE, Circuit Judge.

Heather Wilkinson appeals the denial of her motion to remand her action to Missouri state court, which the district court denied on the ground she fraudulently joined a fellow Missouri resident, Jacob Allen Shackelford, in her tire tread failure suit against Michelin North America, Inc. (Michelin) in order to defeat federal diversity jurisdiction. After concluding Shackelford had been fraudulently joined, the district court dismissed the claim...

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