Epstein Secrets

on should be resolved in favor of remand to state court." Univ. of South Alabama'. American Tobacco Co., 168 F.3d 405, 41I (11th Cir. 1999) (citing Burns'. Windsor Ins. Co., 31 F.3d 1092, 1095 (11th Cir. 1994), and Coker'. Amoco Oil 3 EFTA00175559 Case 0:08-cv-._ _..,04-KAM Document . . Entere-

the burden of establishing federal jurisdiction under § 1441 rests with the party seeking removal. Carson'. Dunham. 121 U.S. 421, 425 (1887); Diaz, Sheppard, 85 F.3d 1502, 1505 (11th Cir. 1996). The right of removal is strictly construed, as it is considered a federal infringement on a state's power to

Atty., Northern Dist. of New York, Syracuse, New York, on the brief), for appellant. Joseph W. Burns, New York City (John P. Cuddahy and Austin, Burns. Appell & Smith, New York City. and George Bond, Jr., N. Earle Evans, Jr. and Bond. Sehoeneck & King, Syracuse. New York, on the brief), for appe

id not offer or advise Shep- pard of other railroad employment upon his release following the change in A&EC ownership. Soon after his dis- charge, Sheppard learned from an inde- pendent source of an open job as spike puller with an A&EC labor gang out of Morehead City. lie had worked out of New Bern w

mited his open- ing statement. See United States Burns, 298 F.3d 523, 543 (6th Cir.2002) (stating a dis

he therefore needed a favor from her. Scott wanted her to make some money by prostituting herself, and he gave Frey condoms and sent her out with Sheppard and Riebesehl. The three all engaged in sexual intercourse for money, and upon her return to the motel Frey gave Scott all of the money she made.