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BAILEY v. GREEN TREE SERVICING LLC

No. CIV.A. 2:04-0519.

316 B.R. 873 (2004)

Linda M. BAILEY, Plaintiff, v. GREEN TREE SERVICING LLC, U.S. Bank National Association, as Trustee of Conseco Finance Home Equity Loan Trust 2000-F, and Nathan Wasser, Defendants.

United States District Court, S.D. West Virginia, Charleston Division.

July 23, 2004.

Attorney(s) appearing for the Case

Bren J. Pomponio, Daniel F. Hedges, Heather E. W. Walsh, Mountain State Justice, Inc., Charleston, WV, for Plaintiff.

Bruce M. Jacobs, John J. Nesius, Scott Palmer Mason, Spilman, Thomas & Battle, Erica N. Smith, Hunt & Lees, Charleston, WV, for Defendants.

ORDER

CHAMBERS, District Judge.

Before the Court is Plaintiffs motion to remand (doc. no. 7). The Court finds it lacks subject matter jurisdiction over this action. Plaintiffs motion is therefore GRANTED and this case is REMANDED to the Circuit Court of Roane County, West Virginia.

BACKGROUND

Plaintiff Linda Bailey entered into a loan with Conseco Financing Corporation...

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