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Schlemer v. Merck & Co.

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


January 29, 2007

RICHARD SCHLEMER, PLAINTIFF,
v.
MERCK & CO., INC., D/B/A MERCK, SHARP & DOHME AND D/B/A MSD SHARP & DOHME GMBH, AND K MART PHARAMCY, INC., D/B/A K MART, DEFENDANTS.

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

ORDER

This matter is before the Court on Plaintiff's motion for remand (Doc. 10). Having reviewed the submissions of the parties, the Court concludes that it lacks federal subject matter jurisdiction in diversity. See Nicol v. Merck & Co., No. 06-926-GPM, 2006 WL 3804887 (S.D. Ill. Dec. 22, 2006). The motion for remand is GRANTED and, pursuant to 28 U.S.C. § 1447(c), this action is REMANDED to the Circuit Court of the Third Judicial Circuit, Madison County, Illinois, for lack of federal subject matter jurisdiction.

IT IS SO ORDERED.

G. PATRICK MURPHY Chief United States District Judge

20070129

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