Legal Opinion
In Re First National Bank of Boston, a National Banking Association
Court of Appeals for the First Circuit
Decided November 30, 1995No. 95-5008PublishedCited by 11 opinions
1Opinion of the Court
BIRCH, Circuit Judge:
This petition for writ of mandamus requires us to decide whether a district court can remand a case sua sponte within the thirty-day period following a removal notice provided in 28 U.S.C. § 1447(c) for motions to remand. The district court remanded the removed case to state court during this time period. Because we conclude that the 1988 *1186amendments to section 1447(c) precluded the district court from sua sponte remand, we grant the petition for writ of mandamus.
I. BACKGROUND
The origin of the present petition is the related federal case filed in 1989 by Society for…
2Cases cited15 opinions
- Carnegie-Mellon University v. CohillSupreme Court of the United States · 1988
- Thermtron Products, Inc. v. HermansdorferSupreme Court of the United States · 1976
- Rush v. SavchukSupreme Court of the United States · 1980
- Taylor v. AppletonCourt of Appeals for the Eleventh Circuit · 1994
- United Steelworkers of America v. R. H. Bouligny, Inc.Supreme Court of the United States · 1965
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3Cited by11 opinions
- In Re: Fmc Corporation Packaging Systems Division, in No. 99-5220Court of Appeals for the Third Circuit · 2000
- Whole Health Chiropractic & Wellness, Inc. v. Humana Medical Plan, Inc.Court of Appeals for the Eleventh Circuit · 2001
- In Re the Uniroyal Goodrich Tire Company, a Corporation the Uniroyal Goodrich Tire Company, a New York PartnershipCourt of Appeals for the Eleventh Circuit · 1997
- Archuleta v. LacuestaCourt of Appeals for the Tenth Circuit · 1997
- Ferraiolo Construction, Inc. v. Keybank, N.A.District Court, D. Maine · 1997
6 more not listed; retrieve them via the Exa API.