Muncy et al v. Norfolk Southern Railway Company et al
| Carrie Muncy and Chris Collins, Jr. |
| Norfolk Southern Railway Company |
| Norfolk Southern Railway Company |
| Carrie Muncy and Chris Collins, Sr. |
| 1:2016cv10762 |
| November 10, 2016 |
| US District Court for the Southern District of West Virginia |
| Bluefield Office |
| McDowell |
| David A. Faber |
| Other Personal Injury |
| 28 U.S.C. ยง 1332 |
| Both |
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Filing
19
MEMORANDUM OPINION AND ORDER granting Plaintiff's 1 MOTION to Remand as the matter was removed improvidently and without jurisdiction. The court REMANDS this action to the Circuit Court of McDowell County, WV, and DIRECTS the Clerk to remove t his matter from the court's active docket. Plaintiff's motion to recover all costs and fees incurred as a result of this removal is DENIED, for the court concludes that Defendant had a good faith, albeit legally insufficient, reason for removal. Signed by Senior Judge David A. Faber on 1/5/2017. (certified cc: counsel of record and Clerk, McDowell County Circuit Court) (arb)
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