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PROGRESSIVE WEST INS. CO. v. PRECIADO

No. 06-17367.

479 F.3d 1014 (2007)

PROGRESSIVE WEST INSURANCE COMPANY, Plaintiff-Appellant, v. Simon H. PRECIADO, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 6, 2007.

Attorney(s) appearing for the Case

Craig E. Farmer, Farmer Smith Law Group, LLP, Sacramento, CA; John B. Moorhead and Paul Karlsgodt, Baker & Hostetler, LLP, Denver, CO, for the appellant.

Michael J. Bidart and Ricardo Echeverria, Shernoff Bidart & Darras, LLP, Claremont, CA, for the appellee.

Before B. FLETCHER, CLIFTON, and IKUTA, Circuit Judges.

IKUTA, Circuit Judge.

This appeal raises the question whether the Class Action Fairness Act ("CAFA"), Pub.L. No. 109-2, § 5, 119 Stat. 12 (2005), gives the federal district court removal jurisdiction over this action. We conclude that it does not, and affirm the district court.

Factual and Procedural Background

On December 22, 2004, Progressive West Insurance Company ("Progressive") filed a breach of contract action in California state court...

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