FLYING PIGS, LLC v. RRAJ FRANCHISING, LLC

No. 13-2135.

757 F.3d 177 (2014)

FLYING PIGS, LLC, Plaintiff-Appellant, v. RRAJ FRANCHISING, LLC, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: July 1, 2014.


Attorney(s) appearing for the Case

ARGUED: Ernest Bradley Evans , Ward & Smith, PA, Greenville, North Carolina, for Appellant. Gavin James Reardon , Rossabi Black Slaughter, PA, Greensboro, North Carolina, for Appellee. ON BRIEF: Norman J. Leonard, II , Ward & Smith, PA, Asheville, North Carolina, for Appellant. Amiel J. Rossabi , Rossabi Black Slaughter, PA, Greensboro, North Carolina, for Appellee.

Vacated and remanded by published opinion. Judge KING wrote the opinion, in which Judge GREGORY and Judge THACKER joined.


KING, Circuit Judge:

In late 2012, a North Carolina business called Flying Pigs, LLC, sued a North Carolina entity called RRAJ Franchising, LLC, in the Superior Court of Lenoir County, North Carolina, alleging a claim under North Carolina law. RRAJ removed that lawsuit to the Eastern District of North Carolina, asserting federal question jurisdiction pursuant to 28 U.S.C. § 1331. The district court denied Flying Pigs's motion to remand to Lenoir County for lack...

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