Notice of removal defendant corporation no longer in existence due to merger mississippi form
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MISSISSIPPI
DIVISION
V.
NOTICE OF REMOVAL
COME NOW and to file this notice of removal of this action to the United
States District Court for the District of Mississippi, Division, and set forth the
following grounds for removal:
1. This suit is a civil action filed in the Circuit Court of County, Mississippi,
on or about , , entitled " , a Minor, by and through as parent and
next friend ", Cause No. . A copy of the summons and complaint in this action is
attached hereto and constitutes all process, pleadings, and orders served upon defendants in this
action.
2. , the putative defendant (erroneously named as " " in the complaint
and summons), is no longer in existence. Subsequent to the accident in question and prior to the
commencement of this action, merged with another corporation with the resulting
corporation being .
3. The aforesaid action was commenced by service of process consisting of the summons
and complaint upon the Secretary of State of Mississippi as statutory agent for nonresident
motorists. received a copy of the summons and complaint on , .
, if he/she has received a copy of the summons and complaint, received such copy on or
after , .
4. The above described action is one of which this court has original jurisdiction under
the provisions of Title 28, United States Code, section 1332, and is removable to this court
pursuant to the provisions of Title 28, United States Code, section 1441, in that it is a civil action
wherein the matter in controversy exceeds the sum of ($ ), exclusive of interest and
costs, and is between citizens of different states.
5. was at the time this action was commenced, and still is, a citizen of .
was at the time this action was commenced, and still is, a corporation organized under the
laws of with its principal place of business in . was at the time this action
was commenced, and still is, a citizen of . , before its merger, was a corporation
organized under the laws of which had its principal place of business in .
6. The plaintiff alleges in the complaint that he/she is entitled to compensatory damages
from the defendants in an amount in excess of ($ ) for injuries sustained in an
automobile accident on or about , in County, Mississippi, purportedly
as a result of the alleged negligent actions of and .
Respectfully submitted,
_______________________________________
Attorney for
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