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CITY OF ALBUQUERQUE v. SOTO ENTERPRISES, INC.

No. 16-2065.

864 F.3d 1089 (2017)

CITY OF ALBUQUERQUE, Plaintiff-Appellee, v. SOTO ENTERPRISES, INC., d/b/a Miracle Delivery Armored Services, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED July 25, 2017.

Attorney(s) appearing for the Case

Bradley H. Bartlett and David M. Mirazo , Mounce, Green, Myers, Safi, Paxson & Galatzan, P.C., El Paso, Texas, for Defendant-Appellant.

Christopher J. Tebo , Assistant City Attorney ( Jessica M. Hernandez , City Attorney, and Nicholas Bullock , Assistant City Attorney, with him on the brief), City Attorney's Office, Albuquerque, New Mexico, for Plaintiff-Appellee.

Before MATHESON, PHILLIPS, and McHUGH, Circuit Judges.

The district court remanded this case after concluding that the defendant had waived its right to remove by filing a motion to dismiss in state court. We hold that we have appellate jurisdiction over this appeal, and affirm.1

BACKGROUND

The City of Albuquerque ("the City") provides...

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