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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION at LEXINGTON

PHILLIP BLANKENSHIP, Individually and on behalf of others similarly situated, Plaintiff, v. HAMMOND TRANSPORTATION, INC. and TONY R. HAMMOND, Defendants. ** **

) ) )Civil Action No. 5:11-CV-348-JMH ) ) ) ) ) ORDER ) ) ) ) ) ** ** **

This Court has reviewed the Notice of Removal [DE 1] filed in this matter, as well as the Complaint that was originally filed in Scott Circuit Court [DE 1-1]. In their Notice of Removal,

Defendants contend that this Court had original jurisdiction over the underlying action pursuant to 28 U.S.C. 1331. Plaintiff's

Complaint, on its face, however, purports to make no claim arising under the United States Constitution or any other federal laws.1 The Court is of the opinion that it lacks jurisdiction over this matter and that the matter should be remanded to Scott Circuit Court.

While Defendants opine that some of Plaintiff's claims actually arise under 26 U.S.C.

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