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Where insurer removed an insurance dispute to federal court before the plaintiff had properly joined and served the second defendant, which was the only non-diverse defendant, service did not matter in the evaluation of diversity, and this snap removal did not eliminate the requirement of complete diversity, so the order is vacated and remanded to determine whether the second defendant was fraudulently joined.
Vacated; remanded.
M&B Oil, Inc. v. Federated Mutual Insurance Company (MLW No. 79822/Case No. 21-3817 – 7 pages) (U.S. Court of Appeals, 8th Circuit, Stras, J.) Appealed from U.S. District Court, Eastern District of Missouri, Collins, J. (David C Knieriem, Town and Country, argued for appellant) (Zacarias Rodriguez Chacon, Chicago, and Abby Joe Duncan, St. Louis, argued for appellee; Kelsey Leigh McLean and Melissa Ann Vaughn appeared on the brief).
