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ALABAMA CENTRAL CREDIT UNION v. CUMIS INSURANCE SOCIETY INC.

No. CV-11-BE-0470-S.

777 F.Supp.2d 1245 (2011)

ALABAMA CENTRAL CREDIT UNION, Plaintiff, v. CUMIS INSURANCE SOCIETY INC., et al., Defendants.

United States District Court, N.D. Alabama, Southern Division.

April 8, 2011.

Attorney(s) appearing for the Case

Jeffrey L. Bowling , Bedford Rogers & Bowling PC, Russellville, AL, Stephen D. Heninger , Heninger Garrison Davis LLC, Birmingham, AL, for Plaintiff.

John P. Scott, Jr. , W. Drake Blackmon , Starnes Davis Florie LLP, Birmingham, AL, for Defendants.

MEMORANDUM OPINION

KARON OWEN BOWDRE, District Judge.

This matter comes before the court on "Plaintiff's Motion for Remand" (doc. 5) and on Defendant William Joe Kiser, Jr.'s "Motion to Dismiss" (doc. 9). Both motions have been fully briefed and the court held a hearing on them on March 7, 2011. These motions required the court to assess whether Defendant Kiser was fraudulently joined for the purposes of defeating diversity jurisdiction. For the reasons...

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