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IN RE ROMULUS COMMUNITY SCHOOLS

Nos. 83-1374, 83-1377.

729 F.2d 431 (1984)

In re ROMULUS COMMUNITY SCHOOLS, a Michigan Public School District, Romulus Community Schools Board of Education, a Michigan Public Body Corporate, and Daniel R. Bales, Kenneth E. Berlinn, Sandra F. Langley, Jo Ann Marvicson, Richard F. Campbell, Mary M. King, and Edward L. Wilkerson, (83-1374), Petitioners. WAYNE COUNTY-MEA/NEA, and Mary Christine Powers, on behalf of themselves and as class representatives of all others similarly situated, Plaintiffs-Appellees, v. ROMULUS COMMUNITY SCHOOLS, a Michigan public school district, Romulus Community Schools Board of Education, a Michigan public body corporate, and Daniel R. Bales, Kenneth Berlinn, Sandra F. Langley, Jo Ann Marvicson, Richard F. Campbell, Mary M. King, and Edward L. Wilkerson, (83-1377), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided March 7, 1984.

Attorney(s) appearing for the Case

Thomas H. Schwarze, Terrence J. Miglio argued, Gary P. King, Keller, Thoma, Schwarze, Schwarze, DuBay & Katz, Detroit, Mich., for defendants-appellants.

Eli Grier, Erwin B. Ellmann, Jay W. Tower, Harvey I. Wax argued, Levin, Levin, Garvett & Dill, Southfield, Mich., for plaintiffs-appellees.

Before KEITH and WELLFORD, Circuit Judges and BROWN, Senior Circuit Judge.

BAILEY BROWN, Senior Circuit Judge.

This case primarily presents difficult and unsettled issues regarding the authority of a federal district court to remand a properly removed case to state court for reasons not expressly established by statute. Our decision depends largely on our reading of Thermtron Products, Inc. v. Hermansdorfer, 423 U.S. 336, 96 S.Ct. 584, 46 L.Ed.2d 542 (1976), a case that is now the subject of varying...

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