COUNTRYWIDE HOME LOANS INC. v. MORTGAGE GUAR. INS.

No. 10-15996.

642 F.3d 849 (2011)

COUNTRYWIDE HOME LOANS, INC.; BAC Home Loans Servicing, LP, Plaintiffs-Appellees., v. MORTGAGE GUARANTY INSURANCE CORPORATION, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 15, 2011.


Attorney(s) appearing for the Case

David E. Weiss , Raymond A. Cardozo , and Roxanne M. Garibay , Reed Smith LLP, San Francisco, CA; and David M. Halbreich , Reed Smith LLP, Los Angeles, CA, for the plaintiffs-appellees.

Ellen Cirangle and Jonathan Sommer , Stein & Lubin LLP, San Francisco, CA; Joseph C. Smith, Jr. , Bartlit Beck Herman Palenchar & Scott LLP, Denver, CO; and Jeffrey A. Hall , Andrew C. Baak , and Ashley C. Keller , Bartlit Beck Herman Palenchar & Scott LLP, Chicago, IL; for the defendant-appellant.

Before: BETTY B. FLETCHER and SIDNEY R. THOMAS, Circuit Judges, and LEE H. ROSENTHAL, District Judge.


OPINION

B. FLETCHER, Circuit Judge.

Appellant Mortgage Guaranty Insurance Company ("MGIC") appeals the district court's decision to remand this suit back to state court pursuant to its discretion under the Declaratory Judgment Act, 28 U.S.C. §§ 2201-2202 ("DJA"). MGIC argues that the district court was required to consider its motion under the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ...

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