Legal Opinion

Brown Bros. Home Center, Inc. v. First National Bank

District Court, D. Montana

Decided June 9, 1981No. Nos. CV-81-38-Bu, CV-81-39-BuPublished

1Opinion of the Court

MEMORANDUM and ORDER

WILLIAM D. MURRAY, Senior District Judge.

INTRODUCTION

The two above entitled actions are before the court on motions to remand by defendants pursuant to 28 U.S.C. § 1446. While the cases have not been consolidated and are factually quite different, they involve identical issues on the motions to remand. Counsel for the parties are the same in both cases. For these reasons, the court will address both cases in this memorandum. FACTS

Brown Bros. v. First National Bank

Plaintiffs are Earl and Eln’n Marie Brown, husband and wife and residents of Montana, and Brown Bros. Home…

2Cases cited3 opinions

  1. Mercantile Nat. Bank at Dallas v. LangdeauSupreme Court of the United States · 1963
  2. Burns v. American National Bank & Trust Co.Court of Appeals for the Eighth Circuit · 1973
  3. First National Bank v. Aberdeen National BankDistrict Court, D. South Dakota · 1979

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