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POLYPLASTICS, INC. v. TRANSCONEX, INC.

No. 82-1906.

713 F.2d 875 (1983)

POLYPLASTICS, INC., Plaintiff, Appellant, v. TRANSCONEX, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided August 3, 1983.

Attorney(s) appearing for the Case

Edelmiro Salas Garcia, Hato Rey, P.R., for plaintiff, appellant.

Gino Negretti Lavergne, Hato Rey, P.R., with whom Doval, Munoz, Acevedo, Otero & Trias, Hato Rey, P.R., was on brief, for defendant, appellee.

Before COFFIN and BREYER, Circuit Judges, and SKINNER, District Judge.

COFFIN, Circuit Judge.

The dispositive jurisdictional question raised by this appeal is whether, when a case is removed to federal court and the court both denies remand and issues a "protective" order to the state (here, the Commonwealth of Puerto Rico) court to refrain from further proceedings, we have jurisdiction over an interlocutory appeal. Despite considerable case law holding there is jurisdiction, logic and strong policy reasons persuade us that no interlocutory...

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