Legal Opinion
Mayflower Industries v. Thor Corp.
Court of Appeals for the Third Circuit
Decided September 11, 1950No. 10205_1PublishedCited by 44 opinions
1Opinion of the Court
HASTIE, Circuit Judge.
This appeal has been taken from an interlocutory order of the District Court for the District of New Jersey denying a preliminary injunction. Section 1292(1) *538of title.28 of the United States Code, 28 U.S.C.A. § 1292(1), authorizes an immediate appeal from such an order.
With the case thus properly before us, a preliminary question arises whether this litigation was removable from the state court in which it originated. Although' the denial of a motion to remand itself would not support an interlocutory appeal, the question of removability is jurisdictional and therefore…
2Cases cited4 opinions
- Mansfield, Coldwater & Lake Michigan Railway Co. v. SwanSupreme Court of the United States · 1884
- Pullman Co. v. JenkinsSupreme Court of the United States · 1939
- Deckert v. Independence Shares Corp.Supreme Court of the United States · 1940
- Bank of the United States v. DeveauxSupreme Court of the United States · 1809
3Cited by44 opinions
- American Fire & Casualty Co. v. FinnSupreme Court of the United States · 1951
- Takeda v. Northwestern National Life InsuranceCourt of Appeals for the Ninth Circuit · 1985
- O'Halloran v. University of WashingtonCourt of Appeals for the Ninth Circuit · 1988
- Willoughby v. Sinclair Oil & Gas Co.Court of Appeals for the Tenth Circuit · 1951
- U. S. Industries, Inc. v. GreggDistrict Court, D. Delaware · 1972
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