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SCHMITT v. INSURANCE CO. OF NORTH AMERICA

No. 88-5503.

845 F.2d 1546 (1988)

Conrad SCHMITT; Charles Sackett; Daniel Martin; Michael Juneau; Plaintiffs-Appellees, v. INSURANCE COMPANY OF NORTH AMERICA, Defendant-Appellant. INSURANCE COMPANY OF NORTH AMERICA, Cross-Complainant/Appellant, v. JUNEAU & MARTIN, INC. dba J.M. Auto Sales, a corporation, Juneau & Martin, Inc. dba Century Motors, a corporation; Cross-Defendants, and Michael Juneau, an individual, Daniel James Martin, an individual, Cross-Defendants/Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 6, 1988.

Attorney(s) appearing for the Case

William R. Moore, Regal & Levy, Encino, Cal., for defendant-appellant.

Fred U. Hammett, Jr., Joseph W. Ruff, San Diego, Cal., for plaintiffs-appellees.

Before HUG, ALARCON and KOZINSKI, Circuit Judges.

ALARCON, Circuit Judge:

Defendant/Appellant Insurance Company of North America (INA) appeals from an order remanding this matter to the state court and awarding attorney's fees to Plaintiffs/Appellees Conrad Schmitt, Charles Sackett, Daniel Martin, and Michael Juneau (collectively plaintiffs). We have concluded that 28 U.S.C. § 1447(d) bars us from reviewing the order of remand. Accordingly, we dismiss the appeal from that order. We have jurisdiction, however...

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