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National City Bank Inc v. Degner Doc. 5
Case 2:06-cv-00092-TJC Filed 01/23/2006 Page 1 of 2 Document 5
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

NATIONAL CITY BANK, Plaintiff, Case No. 06-C-92
v.
BARRY P. DEGNER, Defendant.
OPINION AND ORDER
This third attempt at removing this case from the Circuit Court for
Waukesha County suffers from the same lack of jurisdiction noted at the time of the
second attempt when the court concluded that:
Barry Degner is attempting to remove this collection action from the Circuit Court for Waukesha County to federal court.  He asserts that this court has federal question jurisdiction over the subject matter because, once he was in federal court, he filed counterclaims based upon federal law.  He did not file the counterclaims in the state court. Therefore, the case in state court contained no federal claims and was not removable.  Jurisdiction must be established at the time of removal.  See 28 U.S.C.

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