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GRUBB v. DONEGAL MUT. INS. CO.

No. 90-2059.

935 F.2d 57 (1991)

Kenneth B. GRUBB, t/a Grubb Contractors, Plaintiff-Appellant, and Kevin K. Grubb; Eric D. Grubb; Kerry S. Grubb, Plaintiffs, v. DONEGAL MUTUAL INSURANCE COMPANY, Defendant-Appellee, and Warwick C. Sherrard; Annis P. Sherrard, his wife, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided June 10, 1991.

Attorney(s) appearing for the Case

Paul Joseph Mraz, Sr., Elkton, Md., for plaintiff-appellant.

Daniel Warren Whitney, Sr., argued (Robert G. Bello, Semmes, Bowen & Semmes, Baltimore, Md., on brief), for defendant-appellee.

Before PHILLIPS and NIEMEYER, Circuit Judges, and MERHIGE, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

PHILLIPS, Circuit Judge:

Kenneth Grubb, t/a Grubb Contractors, Kevin Grubb, Eric Grubb and Kerry Grubb (the Grubbs) appeal the district court's denial of their motion to remand, contending that Donegal Mutual Insurance Company (Donegal), defendant in their declaratory action in state court, had waived its right to remove the action to federal court by its participation in the state court proceedings. Because we agree with the district court

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