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FREDERICK v. HARTFORD UNDERWRITERS INS. CO.

No. 12-1161.

683 F.3d 1242 (2012)

Larry D. FREDERICK, Plaintiff-Appellee, v. HARTFORD UNDERWRITERS INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 28, 2012.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Paul Howard Schwartz ( Cynthia A. Mitchell and Alice Warren-Gregory with him on the briefs), Shoemaker Ghiselli & Schwartz, LLC, Boulder, CO, for the Defendant-Appellant.

Matthew Gabriel McFarland , Evans & McFarland, LLC ( Robert F. Hill , Hill & Robbins, PC with him on the briefs), Golden, CO, for the Plaintiff-Appellee.

Before BRISCOE, Chief Judge, McKAY, and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

Larry D. Frederick brought a putative class action suit against Hartford Under-writers Insurance Company ("Hartford") in Colorado state court; Hartford removed the case to federal court. Looking to the face of the plaintiff's complaint, the district court concluded that the amount in controversy did not exceed $5,000,000 — which is required for federal jurisdiction under the Class Action Fairness Act ("CAFA"), 28 U.S.C. § 1332(d...

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