BARNHART-GRAHAM AUTO, INC. v. GREEN MOUNTAIN BANK

Civ. A. No. 92-84.

786 F.Supp. 394 (1992)

BARNHART-GRAHAM AUTO, INC., Joseph Barnhart, Shirley Barnhart and Stephen Graham v. GREEN MOUNTAIN BANK.

United States District Court, D. Vermont.

March 17, 1992.


Attorney(s) appearing for the Case

Robert P. Gerety, Jr., Michael F. Hanley, Plante, Hanley & Gerety, P.C., White River Jct., Vt., and Mark R. Butterfield, Mark Butterfield, P.C., Rutland, Vt., for plaintiffs.

Samuel Hoar, Jr., Dinse, Erdmann and Clapp, Burlington, Vt., and Christopher O. Reis, Obuchowski and Reis, Bethel, Vt., for defendant.


OPINION AND ORDER

BILLINGS, District Judge.

Plaintiffs moved this court on March 13, 1992, to remand the above-entitled action to Rutland Superior Court. They allege that defendant improperly removed the case since the complaint avers no federal question and, alternatively, defendant manifested clear intent to subject itself to state court jurisdiction and to waive its right to remove to federal court.

Section 1447(c) of Title 28 provides that if...

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