BOSC, INC. v. BD. OF CNTY. COM'RS BERNALILLO CNTY

No. 16-2031.

853 F.3d 1165 (2017)

BOSC, INC.; Thomas Wayne Hayes, Plaintiffs Counter Defendants-Appellants, v. BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF BERNALILLO, Defendant Counterclaimant-Appellee.

United States Court of Appeals, Tenth Circuit.

FILED April 11, 2017.


Attorney(s) appearing for the Case

Jared M. Burden ( Frederic Dorwart , with him on the brief) Frederic Dorwart , Lawyers, Tulsa, Oklahoma, for Plaintiffs Counter Defendants-Appellants.

Clinton W. Marrs , Marrs Griebel Law, LTD., Albuquerque, New Mexico, for Defendant Counterclaimant-Appellee.

Before TYMKOVICH, Chief Judge, BALDOCK, and BRISCOE, Circuit Judges.


A New Mexico county board filed a lawsuit in state court against its securities broker and registered agent. The board refrained, however, from serving process while it determined whether arbitration was available. The securities broker and agent nonetheless removed the case to federal court and moved to dismiss the suit...

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