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KYSOR INDUSTRIAL CORPORATION v. PET, INCORPORATED

No. 71-1916.

459 F.2d 1010 (1972)

KYSOR INDUSTRIAL CORPORATION, Plaintiff-Appellant, v. PET, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

May 5, 1972.

Attorney(s) appearing for the Case

Harold S. Sawyer and Roger M. Clark, Grand Rapids, Mich., Warner, Norcross & Judd, Grand Rapids, Mich., on brief, for appellant.

Donald E. Degling, New York City, and Peter Armstrong, Grand Rapids, Mich., Varnum, Riddering, Wierengo & Christenson, Grand Rapids, Mich., on brief; Byron A. Roche, Bridgeton, Mo., Richard G. Heywood, Haverstock & Heywood, St. Louis, Mo., Fish & Neave, New York City, of counsel, for appellee.

Before PHILLIPS, Chief Judge, WEICK, Circuit Judge, and RUBIN, District Judge.

PER CURIAM.

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...

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