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CITY OF ALBION v. GUARANTY NAT. INS. CO.

No. 1:98-CV-676.

35 F.Supp.2d 542 (1998)

CITY OF ALBION, a municipal corporation, Plaintiff, v. GUARANTY NATIONAL INSURANCE COMPANY, Imperial Casualty & Indemnity Company of Omaha, National Union Fire Insurance Company of Pittsburgh, PA, and Protective National Insurance Company of Omaha, Defendants.

United States District Court, W.D. Michigan, Southern Division.

November 23, 1998.

Attorney(s) appearing for the Case

Mark S. Allard, Varnum, Riddering, Schmidt & Howlett, Grand Rapids, MI, for Albion, City of, a Michigan municipal corporation, plaintiff.

Deborah Molitz, Orlans Associates P.C., Troy, MI, for Guaranty National Insurance Company, defendant.

Michael J. Watza, Richard M. Mitchell, Kitch, Drutchas, Wagner & Kenney, PC, Detroit, MI, for Imperial Casualty & Indemnity Company of Omaha, defendant.

Charles N. Dewey, Jr., Dilley & Dewey, for National Union Fire Insurance Company of Pittsburgh, P.A., defendant.

OPINION

QUIST, District Judge.

The Court has before it Plaintiff, City of Albion's (the "City"), motion to remand case to Calhoun County Circuit Court. In the present motion, the Court is called upon to determine whether Defendants filed their notice of removal within the time provided in 28 U.S.C. § 1446(b). For the reasons set forth below, the Court concludes that Defendants' notice of removal was timely and the City's motion should be denied.

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