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From: Kelann Stirling
Date: 25 Apr 2002
Time: 15:12:23
(1) Regarding question 26 on FKC pg. 905, can D1 remove where D2 does not wish to remove? More generally, do defendants have to agree to removal? (2) Regarding jurisdiction to determine jurisdiction, is the basic rule that you cannot collaterally attack a prior judgment on the grounds of subject matter jurisdiction if any of the defendants showed up (if this is the rule, what is the effect where there is only one defendant?) and that you cannot attack on the grounds of territorial jurisdiction if you personally appeared, but you can always challenge the judgment on the grounds that you did not have an opportunity to be heard/ did not receive notice?