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The Water Works & Sewer Bd. of the Town of Centre v. 3M Co.

ELR Citation: 47 ELR 20145
Nos. 17-cv-1026, (N.D. Ala., 11/07/2017) (Owen, J.)

A district court held that a water pollution case against carpet manufacturers belonged in state court as complete diversity did not exist, rejecting the carpet manufacturers' claim of fraudulent joinder. A sewer board (Board) brought suit against various manufacturers, suppliers, distributors, and users of chemicals in Alabama state court, alleging the manufacturers contaminated its town’s water source with perfluorinated chemicals. The Board later joined an industrial chemical company based in Alabama. The carpet manufacturers, based in Georgia, sought to remove the case the federal court, arguing that there was no evidence that the industrial chemical company made any sales to them after 2005 and that the only reason they were joined was to defeat diversity. The court disagreed stating that the fact that there were no sales after 2005 does not resolve the question of whether sales could have occurred before that year. The case was remanded to state court.