SHEET METAL WORKERS INTERN. ASS'N, AFL-CIO v. SEAY

No. 82-2318.

693 F.2d 1000 (1982)

SHEET METAL WORKERS INTERNATIONAL ASSOCIATION, AFL-CIO, Petitioner, v. Honorable Frank H. SEAY, District Judge of United States District Court for the Eastern District of Oklahoma; Acme Engineering & Manufacturing Corp.; Sheet Metal Workers Local No. 275, its Officers Agents, Representatives, Employees, and Members; John H. Barton, individually and as Business Manager of Sheet Metal Workers Local No. 275, Respondents.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied January 5, 1983.


Attorney(s) appearing for the Case

Donald W. Fisher, Toledo, Ohio, and Thomas F. Birmingham, Tulsa, Okl., for petitioner.

Lynn Paul Mattson and Richard L. Barnes, Tulsa, Okl. (Nichols & Wolfe, Inc., Tulsa, Okl., were also on the brief), for respondent and plaintiff below, Acme Engineering & Mfg. Corp.

Thomas F. Birmingham, Tulsa, Okl. (Ungerman, Conner & Little, Tulsa, Okl., also joined in the response), for respondents and defendants below, Sheet Metal Workers Local No. 275, its officers, agents, representatives, employees and members, and John H. Barton, individually and as Business Manager of Sheet Metal Workers Local No. 275.

Before HOLLOWAY, BARRETT and DOYLE, Circuit Judges.


HOLLOWAY, Circuit Judge.

This original proceeding for a writ of mandamus pursuant to 28 U.S.C. § 1651 (1970) and Rule 21, FRAP, challenges an order remanding a case to the State court after its removal by petitioner and the other defendants. We are persuaded that the remand order was improperly grounded on considerations not within the bounds of the removal statute, and under standards laid down by the Supreme Court in Thermtron Products, Inc. v. Hermansdorfer...

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