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City of Albuquerque v. Soto Enterprises 864 F.3d 1089 (July 25, 2017)

Jul 25, 2017

This was an appeal from a district court’s decision to remand a case after concluding that the defendant had waived its rights to remove. The 10th Circuit affirmed, holding that by filing a motion to dismiss in state court, even only an hour prior to filing a notice of removal, the Defendant had waived its rights to remove.