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REECE v. BANK OF NEW YORK MELLON

Nos. 12-3526, 13-1245.

760 F.3d 771 (2014)

Gary REECE, on behalf of himself and all other similarly situated Arkansas residents, Plaintiff-Appellant v. BANK OF NEW YORK MELLON, as Trustee for CIT Mortgage Loan Trust, 2007-1, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 23, 2014.

Rehearing and Rehearing En Banc Denied September 15, 2014.

Attorney(s) appearing for the Case

Corey D. McGaha , Little Rock, AR ( Scott E. Poynter , Little Rock, AR, Kathy A. Cruz , Hot Springs, AR, Todd M. Turner , Arkadelphia, AR, Joel G. Hargis , Jonesboro, AR, on the brief) for Plaintiff-Appellant.

Gary D. Marts, Jr. ( Judy Simmons Henry , Adrienne L. Jung , on the brief) Little Rock, AR, for Defendant-Appellee.

Before RILEY, Chief Judge, WOLLMAN and SHEPHERD, Circuit Judges.

RILEY, Chief Judge.

After Gary Reece received a non judicial foreclosure notice, he obtained a temporary restraining order (TRO) against Bank of New York, Mellon (Mellon) in Arkansas state court. Over a year later, he amended his TRO complaint, seeking to represent a class of Arkansas homeowners facing non judicial foreclosures by Mellon. Mellon filed a notice of removal in federal court within thirty days of the amended complaint's filing. Reece moved to remand....

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