IN RE CARTER

No. 80-7010 Summary Calendar.

618 F.2d 1093 (1980)

In re Ben CARTER, Petitioner.

United States Court of Appeals, Fifth Circuit.

May 30, 1980.


Attorney(s) appearing for the Case

Harris, McCracken, Pickett & Jackson, William R. McCracken, Augusta, Ga., for petitioner.

Anthony A. Alaimo, U.S. Dist. Judge, Brunswick, Ga., Donald W. Fisher, Toledo, Ohio, Jacobs, Jacobs & Davis, James T. Langford, Atlanta, Ga., Jack L. Cooper, Augusta, Ga., for district court.

Before AINSWORTH, FAY and RANDALL, Circuit Judges.


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...

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