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FISHER v. DAKOTA COMMUNITY BANK

No. A1-05-100.

405 F.Supp.2d 1089 (2005)

Michael L. FISHER, Thomas Fisher, Eugene Fisher, Dickinson Ready Mix, a North Dakota corporation, Fisher Industries, Inc., a North Dakota corporation, International Technical Coatings, Inc., an Arizona corporation, Johnnie L Caldwell, Plaintiffs, v. DAKOTA COMMUNITY BANK, a bank licensed and existing under the laws of North Dakota, and Thyssen Mannesmann Handel GmbH, a German corporation, Defendants.

United States District Court, D. North Dakota, Southwestern Division.

December 2, 2005.

Attorney(s) appearing for the Case

Michael J. Maus, Hardy Maus & Nordsven PC, Dickinson, ND, Albert J. Hardy, Larry L. Boschee, Pearce & Durick, Bismarck, ND, for Plaintiffs.

David D. Schweigert, Bucklin Klemin & McBride, Lyle W. Kirmis, Zuger Kirmis & Smith, Bismarck, ND, for Defendants.

ORDER ADOPTING REPORT AND RECOMMENDATION

HOVLAND, Chief Judge.

Before the Court are two motions to remand filed by the Plaintiffs on September 30, 2005. On October 5, 2005, defendant Dakota Community Bank joined the motion to remand. On October 31, 2005, the Court referred the motions to Magistrate Judge Charles S. Miller, Jr., for a Report and Recommendation. On November 7, 2005, Judge Miller issued a Report and Recommendation wherein he recommended the...

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