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NASUTI v. SCANNELL

No. 85-1820.

792 F.2d 264 (1986)

Nicholas NASUTI, Plaintiff, Appellee, v. James SCANNELL, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 4, 1986.

Attorney(s) appearing for the Case

Brent O. Hatch with whom William Kanter, Richard K. Willard, Asst. Atty. Gen., Washington, D.C., and William F. Weld, U.S. Atty., Boston, Mass., were on brief, for defendant, appellant.

Burton A. Nadler with whom Petrucelly & Nadler, P.C., Boston, Mass., was on brief, for plaintiff, appellee.

Before CAMPBELL, Chief Judge, TORRUELLA, Circuit Judge, and PETTINE, Senior District Judge.

LEVIN H. CAMPBELL, Chief Judge.

The question before us is whether this court is empowered to review a district court's order remanding part of a case that had been removed from a state court pursuant to the Federal Drivers Act. We conclude that, under the present circumstances, we are not so empowered. Accordingly, we dismiss the appeal and deny the petition for writ of mandamus.

I.

The Federal Drivers Act, 28 U.S.C. § 2679(b)-(e) (1982), has...

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