Legal Opinion

City of Albuquerque v. Soto Enterprises, Inc.

Court of Appeals for the Tenth Circuit

Decided July 25, 2017No. 16-2065PublishedCited by 139 opinions

1Opinion of the Court

PHILLIPS, Circuit Judge.. 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 public-bus services to Albuquerque residents. As part of those services, the City charges a fare payable by cash or coin. The City hired Soto Enterprises, Inc., d/b/a Miracle Delivery Armored Services (“Soto”) to count the fare money, transport it by armored car to the City’s bank for…

2Cases cited43 opinions

  1. Owen Equipment & Erection Co. v. KrogerSupreme Court of the United States · 1978
  2. Quackenbush v. Allstate InsuranceSupreme Court of the United States · 1996
  3. Kontrick v. RyanSupreme Court of the United States · 2004
  4. Grupo Dataflux v. Atlas Global Group, L. P.Supreme Court of the United States · 2004
  5. Carlsbad Technology, Inc. v. HIF Bio, Inc.Supreme Court of the United States · 2009

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3Cited by139 opinions

  1. Lincoln v. BNSF Railway CompanyCourt of Appeals for the Tenth Circuit · 2018
  2. Kris Kenny v. Wal-Mart Stores, Inc.Court of Appeals for the Ninth Circuit · 2018
  3. Estate of Cummings Ex Rel. Montoya v. Community Health Systems, Inc.Court of Appeals for the Tenth Circuit · 2018
  4. Gallegos v. Bernalillo County Board of County CommissionersDistrict Court, D. New Mexico · 2017
  5. Abraham Watkins v. FesterygaCourt of Appeals for the Fifth Circuit · 2025

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