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TRESCO, INC. v. CONTINENTAL CASUALTY CO.

No. CIV 10-0390 JB/GBW.

727 F.Supp.2d 1243 (2010)

TRESCO, INC., a New Mexico corporation, Plaintiff, v. CONTINENTAL CASUALTY COMPANY, and National Union Fire Insurance Company of Pittsburgh, Pennsylvania, Defendants.

United States District Court, D. New Mexico.

July 2, 2010.

Attorney(s) appearing for the Case

Floyd D. Wilson , Myers, Oliver & Price, P.C., Albuquerque, NM, for Plaintiff.

Donna Chapman , Randi N. Johnson , Allen Shepherd Lewis Syra & Chapman, PA, Albuquerque, NM, for Defendant Continental Casualty Company.

R. Nelson Franse , Brian P. Brack , Rodey, Dickason, Sloan, Akin, & Robb, P.A., Albuquerque, NM, for Defendant National Union Fire Insurance Company of Pittsburgh, Pennsylvania.

MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on the Plaintiff's Motion to Remand to State Court and Supporting Memorandum, filed May 7, 2010 (Doc. 6). The primary issue is whether a defendant, who does not file the notice of removal, must indicate his consent by signing the notice of removal or by filing a separate document indicating consent within 30 days of the date that the

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