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Miner v. Altria Group Inc.

July 17, 2007

WAYNE MINER, NDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED PLAINTIFF
v.
ALTRIA GROUP INC., AND PHILIP MORRIS USA, INC. DEFENDANTS



The opinion of the court was delivered by: Garnett Thomas Eisele United States District Judge

CLASS ACTION COMPLAINT

ORDER LIFTING STAY AND REMANDING CASE

Following the United States Supreme Court's June 11, 2007 decision in Watson v. Philip Morris Cos., Inc., 127 U.S. 2301 (2007), this Court lacks subject matter jurisdiction based on the federal officer removal provision*fn1 relied upon by Defendants in removing this case to federal court.

IT IS THEREFORE ORDERED THAT Plaintiff's Motion to Lift Stay and Remand (Doc. # 57) be, and it is hereby, GRANTED. The Stay imposed by this Court on April 17, 2006 is hereby lifted.

IT IS FURTHER ORDERED THAT the case be, and it is hereby, REMANDED back to the Circuit Court of Franklin County, Arkansas, Ozark District, from which it was removed. The Clerk of the Court is directed to take the appropriate action to facilitate the transfer forthwith.

IT IS SO ORDERED THIS 17th day of ...


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