No. 80-1411.

683 F.2d 331 (1982)

Roy E. FAJEN, Plaintiff-Appellant, v. FOUNDATION RESERVE INSURANCE COMPANY, INC., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Dissenting Opinion July 19, 1982.

Attorney(s) appearing for the Case

Lloyd Jackson Webb of Webb, Burton, Carlson, Pedersen & Paine, Twin Falls, Idaho, for plaintiff-appellant.

Jonathan W. Hewes of Rodey, Dickason, Sloan, Akin & Robb, P. A., Albuquerque, N.M. (Perry C. Abernethy of Ussery & Parrish, P. A., Albuquerque, N.M., on brief), for defendant-appellee.

Before SETH, Chief Judge, and DOYLE and SEYMOUR, Circuit Judges.

SEYMOUR, Circuit Judge.

This lawsuit arises out of plaintiff Roy Fajen's attempts to enforce a default judgment obtained in Nevada state court. After a series of proceedings in state and federal courts, the United States District Court of New Mexico dismissed the action following its removal from New Mexico state court. We conclude that removal was improper and remand this case with directions to the district court to remand the action to state court.

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