Legal Opinion
In Re Ben Carter
Court of Appeals for the Fifth Circuit
Decided May 30, 1980No. 80-7010PublishedCited by 218 opinions
1Opinion of the Court
FAY and RANDALL, Circuit Judges:
In ruling on this petition for a writ of mandamus we must first answer the threshold question whether the bar to appellate review of a district court order remanding a case to a state court, which is found in 28 U.S.C. § 1447(d), 1 applies to a remand order entered upon a ground specified in 28 U.S.C. § 1447(c) 2 but issued after entry of final judgment in the federal court. Finding that § 1447(d) is no bar to appellate review in this case, we also review the propriety of the remand order entered by the district court and, disagreeing with the district court’s…
2Cases cited52 opinions
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Vaca v. SipesSupreme Court of the United States · 1967
- Bell v. HoodSupreme Court of the United States · 1946
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
47 more not listed; retrieve them via the Exa API.
3Cited by218 opinions
- Quality Foods De Centro America, S.A. And Duroparts De El Salvador, S.A. v. Latin American Agribusiness Development Corporation, S.A.Court of Appeals for the Eleventh Circuit · 1983
- B., Inc. v. Miller Brewing CompanyCourt of Appeals for the Fifth Circuit · 1981
- Adrian Cavallini v. State Farm Mutual Auto Insurance Co.Court of Appeals for the Fifth Circuit · 1995
- Derrick E. Harper v. Autoalliance International, Inc., Aai Employee Services Co., L.L.C., Jeffrey Kelly, and Allen ChildressCourt of Appeals for the Sixth Circuit · 2004
- Billy Joe Shaw v. Dow Brands, Inc.Court of Appeals for the Seventh Circuit · 1993
213 more not listed; retrieve them via the Exa API.