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ATLANTIC NAT. TRUST LLC v. MT. HAWLEY INS. CO.

No. 09-35716.

621 F.3d 931 (2010)

ATLANTIC NATIONAL TRUST LLC, a Florida limited liability company, Plaintiff-Appellee, v. MT. HAWLEY INSURANCE COMPANY, a Delaware corporation, Defendant-Appellant, Lebanon Hardboard LLC, an Oregon limited liability company; Tritalent Funding Group, LLC, an Oregon limited liability company, Defendants-Appellees, and Crump Insurance Services, Inc., a Texas corporation; Chamberlain Insurance Agency LLC, an Oregon limited liability company, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed September 2, 2010.

Attorney(s) appearing for the Case

Brian E. Sims , Morison Holden Derekwetzky & Prough, LLP, Walnut Creek, CA, for appellant Mt. Hawley Insurance Co.

John Folawn , Folawn Alterman Richardson LLP, Portland, OR, for appellee Atlantic National Trust, LLC.

Paul G. Dodds , Brownstein, Rask, Sweeney, Kerr, Grim, DeSylvia & Hay, LLP, Portland, OR, for appellee Tritalent Funding Group, LLC.

Dean D. DeChaine , Miller Nash LLP, Portland, OR, for appellee Lebanon Hardboard, LLC.

Before ANDREW J. KLEINFELD, CARLOS T. BEA and SANDRA S. IKUTA, Circuit Judges.

OPINION

IKUTA, Circuit Judge:

Today we hold that we lack appellate jurisdiction to review a federal district court order remanding a case to state court based on a ground colorably characterized as a "defect" for purposes of 28 U.S.C. § 1447(c). See 28 U.S.C. § 1447(d); Powerex Corp. v. Reliant Energy Servs., Inc., 551 U.S. 224, 127 S.Ct. 2411, 168 L.Ed.2d 112 (2007).

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