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213817P.pdf 05/01/2023 M & B Oil, Inc. v. Federated Mutual Insurance Co
U.S. Court of Appeals Case No: 21-3817
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Stras, Author, with Smith, Chief Judge, and Arnold, Circuit
Judge]
Civil case - Civil procedure. Federated removed this insurance dispute to
federal court before plaintiff M & B had properly joined and served the
second defendant in the action, the City of St. Louis, which was the only
non-diverse defendant; service does not matter in evaluating the diversity
of the parties, and this procedure, known as snap removal, does not
eliminate the requirement of complete diversity under 28 U.S.C. Sec.
1332(a); the order denying remand to state court is vacated, and the
matter is remanded for further proceedings to evaluate whether the City
was fraudulently joined.