Court of Appeals for the Ninth Circuit March 5, 2007, 06-36085 (Lowdermilk v. US Bank-- Dissent)

FILED

Kleinfeld, J., dissenting MAR 02 2007

CATHY A. CATTERSON, CLERK

U.S. COURT OF APPEALS

I respectfully dissent.

Our analysis must begin with the pleading. The pleading requires no new

law, just the well reasoned decisions in Abrego Abrego,1 Sanchez,2 and Singer.3

The complaint did not plead a specific amount in controversy.

Plaintiff filed the case in state court.