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FLOWERS v. DIRECT GENERAL INS. CO. OF MISSISSIPPI

Civil Action No. 4:12CV91.

955 F.Supp.2d 638 (2013)

Charles FLOWERS, Julia Chairse, Willie Baker, Marquita Buchanan, Eddie Capnord, Rody Elliot, Cleveland Henderson, Bertha Morrow, Marilyn Davis, Jessie Nicholson, Plaintiffs v. DIRECT GENERAL INSURANCE COMPANY OF MISSISSIPPI, Direct General Insurance Agency, Inc., et al., Defendants.

United States District Court, N.D. Mississippi, Greenville Division.

July 23, 2013.

Attorney(s) appearing for the Case

Floyd Mortimer Melton, III , Floyd M. Melton, Jr. , Attorney Greenwood, MS, James Matthew Stephens , Perry Michael Yancey , Robert Gordon Methvin, Jr. , McCallum & Methvin, PC, Birmingham, AL, for Plaintiffs.

Randy L. Dean , Walter D. Willson , Kevin A. Rogers , Wells Marble & Hurst, PLLC, Barry W. Ford , Scott Walker Pedigo , Adria Lynn Hertwig , Baker, Donelson, Bearman & Caldwell, Jackson, MS, Brian J. Levy , Lewis E. Hassett , Morris, Manning & Martin, LLP, Atlanta, GA, for Defendants.

ORDER

MICHAEL P. MILLS, Chief Judge.

Defendants have filed a motion seeking for this court to reconsider its order remanding this case. In that motion, defendants appear to concede that, under Smallwood v. III. Cent. R.R., 385 F.3d 568, 573 (5th Cir.2004), a 12(b)(6)-type standard applies to the fraudulent joinder issues in this case. This is a departure from their initial briefing, in which they asserted that...

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