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FIRST BANK v. DJL PROPERTIES, LLC

Nos. 10-8008, 10-8009.

598 F.3d 915 (2010)

FIRST BANK, Plaintiff, Counterdefendant-Petitioner, v. DJL PROPERTIES, LLC, et al., Defendants, Counterplaintiffs-Respondents.

United States Court of Appeals, Seventh Circuit.

Decided March 24, 2010.

Attorney(s) appearing for the Case

Troy A. Bozarth, Attorney (argued), Edwardsville, IL, for Plaintiff, Counterdefendant-Petitioner.

Bernard J. Ysursa, Sr., Attorney (argued), Cook, Ysursa, Bartholomew, Brauer & Shevlin, Donald M. Samson, Belleville, IL, for Defendants, Counterplaintiffs-Respondents.

Before EASTERBROOK, Chief Judge, and ROVNER and WILLIAMS, Circuit Judges.

EASTERBROOK, Chief Judge.

First Bank commenced two suits in state court against DJL Properties, which filed counterclaims styled as class actions. First Bank then filed notices of removal, invoking the Class Action Fairness Act of 2005, 28 U.S.C. §§ 1332(d), 1453. The proceedings were assigned to different district judges. Judge Gilbert remanded one of the suits, concluding that a litigant who initially chose the state forum cannot remove even after becoming...

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