TRI-STATE WATER TREATMENT, INC. v. BAUER

No. 16-3938.

845 F.3d 350 (2017)

TRI-STATE WATER TREATMENT, INC., Plaintiff/Counterclaim-Defendant, v. Michael BAUER and Stacey Bauer, Defendants/Counterclaim-Plaintiffs/Appellees, v. Home Depot U.S.A., Inc., Counterclaim-Defendant, Appellant.

United States Court of Appeals, Seventh Circuit.

Decided January 5, 2017.


Attorney(s) appearing for the Case

Mark S. Johnson , Attorney, Johnson, Schneider & Ferrell, Cape Girardeau, MO, for Plaintiff/Counterclaim-Defendant.

Sidney Stewart Haskins , Attorney, King & Spalding LLP, Atlanta, GA, Russell Kenneth Scott , Greensfelder, Hemker & Gale, P.C., Belleville, IL, for Counterclaim-Defendant, Appellant.

Sean K. Cronin , Attorney, Belleville, IL, Michael R. Reese , Attorney, Reese LLP, New York, NY, Troy E. Walton , Attorney, Schoen, Walton, Telken & Foster, LLC, Edwardsville, IL, for Defendants/Counterclaim-Plaintiffs/Appellees.

Troy A. Bozarth , Attorney, Hepler Broom, LLC, Edwardsville, IL, for Aquion, Inc., doing business as Rainsoft.

Before Wood, Chief Judge, and Flaum and Rovner, Circuit Judges.


In First Bank v. DJL Properties, LLC, 598 F.3d 915 (7th Cir. 2010), we held that a counterclaim-defendant is not entitled to remove a case from state court to federal court under the provisions of the Class Action Fairness Act (CAFA), 28 U.S.C. § 1453(b). Today's case presents a related...

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