HARRIS v. BANKERS LIFE AND CAS. CO.

No. 04-35115.

425 F.3d 689 (2005)

Robert H. HARRIS, Plaintiff-Appellant, v. BANKERS LIFE AND CASUALTY COMPANY; Kenneth L. Brown, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 6, 2005.


Attorney(s) appearing for the Case

L. Randall Bishop, Jarussi & Bishop, Billings, MT, for the plaintiff-appellant.

John R. Gordon, Spoon, Gordon & McHugh, Missoula, MT, for the defendants-appellees.

Before THOMPSON, McKEOWN, and GOULD, Circuit Judges.


OPINION

McKEOWN, Circuit Judge.

We consider for the first time in this circuit whether the jurisdictional facts supporting removal of an action from state court to federal court must be apparent from the face of the initial pleading or whether the mere spectre of removability triggers a duty of inquiry. Specifically, is removability determined by the face of the initial pleading or by defendant's knowledge, constructive or otherwise, of the requisite jurisdictional...

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