Kysor Industrial Corporation v. Pet, Incorporated

Kysor appeals from an order denying its motion to remand the case to the State court from which it was removed.

Since this order is interlocutory, appeal ordinarily would await final judgment on the merits. However, Kysor’s motion for a preliminary injunction also was denied. Because the case is properly before the court for review of the latter action and since the remand question is jurisdictional, the remand issue must be reached. Mayflower Industries v. Thor Corp., 184 F.2d 537, 538 (3rd Cir. 1950), cert. denied, 341 U.S. 903, 71 S.Ct. 610, 95 L.Ed. 1342 (1951).

We reverse.

The relevant…