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After a lawsuit is filed in federal court, one party asks for a ruling that would change how the case proceeds. A defendant removed after service while another served defendant objected and a forum defendant was present. The record contains both written proof and disputed oral testimony. The parties disagree about the legal effect of those facts. Which answer gives the best resolution?

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Reject the claim or defense solely because the opposing party disputes a required fact. Treat the formal label attached to the claim or defense as conclusive and disregard facts bearing on the rule's elements. The court should decide the procedural request by applying the operative rule to the record: The answer should identify the governing rule for Removal and Remand and apply it to the operative facts. Import a rule from a nearby issue instead of applying the rule triggered by these facts.

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