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BROWN BROS. HOME CENTER, INC. v. FIRST NAT. BANK

Nos. CV-81-38-Bu, CV-81-39-Bu.

515 F.Supp. 720 (1981)

BROWN BROS. HOME CENTER, INC., a Montana corporation; Earl W. Brown and Eln'n Marie Brown, Husband and wife, Plaintiffs, v. FIRST NATIONAL BANK IN BOZEMAN, and Charles L. Newland, Defendants. Dave WHITING, Plaintiff, v. FIRST NATIONAL BANK IN BOZEMAN, Bozeman, Montana, Defendant.

United States District Court, D. Montana, Butte Division.

June 9, 1981.

Attorney(s) appearing for the Case

McKinley Anderson, Bozeman, Mont., for plaintiffs.

Gough, Shanahan, Johnson & Waterman, Helena, Mont., and Berg, Coil, Stokes & Tollefsen, Bozeman, Mont., for defendants.

MEMORANDUM and ORDER

WILLIAM D. MURRAY, Senior District Judge.

INTRODUCTION

The two above entitled actions are before the court on motions to remand by defendants pursuant to 28 U.S.C. § 1446. While the cases have not been consolidated and are factually quite different, they involve identical issues on the motions to remand. Counsel for the parties are the same in both cases. For these reasons, the court will address both cases in this memorandum...

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