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ARMISTEAD v. C & M TRANSPORT, INC.

No. 94-1525.

49 F.3d 43 (1995)

Clyde ARMISTEAD, Plaintiff, Appellant, v. C & M TRANSPORT, INC., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided March 13, 1995.

Attorney(s) appearing for the Case

Clyde Armistead, pro se.

John H. Montgomery, Diane S. Lukac, Mary Elizabeth Fougere, and Bernstein, Shur, Sawyer & Nelson, Portland, ME, on brief, for appellee, Travelers Ins. Co.

Before SELYA, Circuit Judge, CAMPBELL, Senior Circuit Judge, and BOUDIN, Circuit Judge.

SELYA, Circuit Judge.

Defendant-appellee Travelers Insurance Company ("Travelers") removed this action to the federal district court despite the provision in 28 U.S.C. § 1445(c) forbidding removal of cases arising under state workers' compensation laws. Plaintiff-appellant Clyde Armistead unsuccessfully resisted the removal on jurisdictional grounds, but overlooked the bar of section 1445(c). The district court granted summary judgment in Travelers' favor. On...

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