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White County Coal LLC v. Frontier-Kemper Constructors

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


March 2, 2006

WHITE COUNTY COAL LLC, PLAINTIFF,
v.
FRONTIER-KEMPER CONSTRUCTORS, INC., DEFENDANT.

The opinion of the court was delivered by: Gilbert, District Judge

ORDER

This matter is before the Court for purposes of case management. On February 27, 2006, Frontier-Kemper Constructors Inc. filed a notice of removal (Doc. 1) in this case invoking the Court's diversity jurisdiction. See 28 U.S.C. §§ 1446, 1332.

Frontier-Kemper has insufficiently established this Court's jurisdiction to hear this case. 28 U.S.C. §1332(c)(1) provides that "a corporation shall be deemed to be a citizen of any State by which it has been incorporated and of the State where it has its principal place of business. . . ." (Emphasis added). Frontier-Kemper limited its jurisdictional allegations to its place of incorporation and did not include an allegation regarding its principal place of business. The failure to include an allegation regarding its principal place of business makes its notice of removal facially deficient.

CONCLUSION

Frontier-Kemper is DIRECTED to amend its notice of removal on or before March 10, 2006, and failure to do so on or before that date may result in this case being SUMMARILY REMANDED to the Circuit Court of White County, Illinois under the authority of 28 U.S.C. §1446(c)(4).

IT IS SO ORDERED.

J. PHIL GILBERT U.S. District Judge

20060302

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