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JACKSON v. HOME DEPOT U.S.A., INC.

No. 17-1627.

880 F.3d 165 (2018)

George W. JACKSON, Third Party Plaintiff-Appellee, v. HOME DEPOT U.S.A., INCORPORATED, Third Party Defendant-Appellant, and Carolina Water Systems, Inc.; Citibank, N.A., Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: January 22, 2018.

Attorney(s) appearing for the Case

ARGUED: Sidney Stewart Haskins, II , KING & SPALDING, LLP, Atlanta, Georgia, for Appellant. David Kevin Lietz , VARNELL & WARWICK, P.A., Lady Lake, Florida, for Appellee. ON BRIEF: Merritt McAlister , J. Andrew Pratt , Zheyao Li , Atlanta, Georgia, Antonio E. Lewis , KING & SPALDING, LLP, Charlotte, North Carolina, for Appellant. Daniel K. Bryson , WHITFIELD, BRYSON & MASON, LLP, Raleigh, North Carolina; Rashad Blossom , BLOSSOM LAW PLLC, Charlotte, North Carolina; Janet R. Varnell , VARNELL & WARWICK, P.A., Lady Lake, Florida, for Appellee.

Affirmed by published opinion. Judge Duncan wrote the opinion, in which Judge Niemeyer and Judge Shedd joined.

Third-Party Defendant Home Depot U.S.A., Inc., filed a Petition for Permission to Appeal the district court's order remanding this case to state court. This court deferred ruling on Home Depot's Petition for Permission to Appeal pending consideration of the merits of the appeal. Home Depot argues that it is entitled to remove...

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