FILLA v. NORFOLK SOUTHERN RY. CO.

Nos. 02-2358, 02-2359.

336 F.3d 806 (2003)

Mark FILLA, Plaintiff-Appellee, v. NORFOLK SOUTHERN RAILWAY COMPANY, a Virginia corporation; Defendant-Appellant, Skyline Motors, Inc., a Missouri corporation; Richard L. March; Darlene March; Patrick Connaughton, Defendants. Mark Filla, Plaintiff-Appellee, v. Norfolk Southern Railway Company, a Virginia corporation, Defendant, Skyline Motors, Inc., a Missouri corporation, Defendant-Appellant, Richard L. March, Defendant, Darlene March, Defendant-Appellant, Patrick Connaughton, Defendant.

United States Court of Appeals, Eighth Circuit.

Filed: July 22, 2003.


Attorney(s) appearing for the Case

Richard F. Nash, argued, St. Louis, MO (Carl J. Geraci, on the brief), for appellant Norfolk Southern Railroad.

Peter Boone Hoffman, argued, St. Louis, MO (Matthew J. Eddy, on the brief), for appellants Skyline Motors, Inc. and Darlene Marsh.

Grant L. Davis, argued, Kansas City, MO (Thomas C. Jones and Shawn G. Foster, on the brief), for appellee.

Before BOWMAN, RILEY, and SMITH, Circuit Judges.


SMITH, Circuit Judge.

Norfolk Railroad, Darlene March, and Skyline Motors, Inc. ("Skyline") appeal the district court's1 order remanding this case to state court.2 Petitioners seek a writ of mandamus directing the district court to rescind its remand order. Respondent, Mark Filla, argues that we lack jurisdiction to review the district court's remand order and that...

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