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Culley Septic Serv. V. Culley Excavation & Septic Serv. (In re Culley)

Culley Septic Serv. V. Culley Excavation & Septic Serv. (In re Culley)

Ruling
Court abstained from adjucating the matter and granted motion to remand the case to state court since the case involved intrastate commerce matters only.
Procedural posture

Plaintiff filed an action in state court against defendant company that was a "doing business as" of the debtor. The debtor removed the lawsuit to the court. The court granted plaintiff's emergency motion for a remand, and then granted the debtor's motion for reconsideration. Upon reconsideration, the court issued findings of fact and conclusions of law.

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opinion summary, case decided on March 31, 2006 , LexisNexis #0506-066