Sheet Metal Workers International Ass'n v. Seay

HOLLOWAY, Circuit Judge.

This original proceeding for a writ of mandamus pursuant to 28 U.S.C. § 1651 (1970) and Rule 21, FRAP, challenges an order remanding a case to the State court after its removal by petitioner and the other defendants. We are persuaded that the remand order was improperly grounded on considerations not within the bounds of the removal statute, and under standards laid down by the Supreme Court in Thermtron Products, Inc. v. Hermansdorfer, 423 U.S. 336, 96 S.Ct. 584, 46 L.Ed.2d 542, we conclude that we must grant the writ.

I

Respondent Acme Engineering & Manufacturing…