Question
P is an individual who is a citizen of Pennsylvania. D is a corporation with its principal place of business in New Jersey, but incorporated
P is an individual who is a citizen of Pennsylvania. D is a corporation with its principal place of business in New Jersey, but incorporated in Delaware. P has sued D in the New Jersey state courts for breach of contract. P's claim seeks $100,000. D has filed a prompt notice of removal with the federal district court for New Jersey. P has moved to have the case remanded to the New Jersey state courts, on the grounds that removal was improper.
Should P's motion be granted? Please provide the applicable rules for removal. What is the rationale for the specific rule that dictates the result here? Please answer in IRAC format where applicable.
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