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IN RE BETHESDA MEMORIAL HOSP., INC.

No. 96-5034.

123 F.3d 1407 (1997)

In re: BETHESDA MEMORIAL HOSPITAL, INC., Petitioner.

United States Court of Appeals, Eleventh Circuit.

September 26, 1997.

Attorney(s) appearing for the Case

Jennifer S. Carroll, Anthony K. Goodman, Metzger, Sonneborn and Rutter, P.A., West Palm Beach, FL, for Petitioner.

Diana Lewis, Michael J. Compagno, Carlton, Fields, Ward, Emmanuel, Smith and Cutler, West Palm Beach, FL, for Fraser.

Gary E. Susser, Boynton Beach, FL, for Virginia Edwards.

Before HATCHETT, Chief Judge, BARKETT, Circuit Judge, and RONEY, Senior Circuit Judge.

BARKETT, Circuit Judge:

Upon reconsideration, this court, sua sponte, VACATES its prior order in this matter and substitutes the following in its place:

We are asked to review a sua sponte order of the district court remanding this proceeding to state court. The central issues presented are whether this Court's review is barred by the operation of 28 U.S.C. § 1447(d) and, if not, whether the untimely remand was proper. We conclude that we...

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