ALLEN v. FERGUSON

No. 84-3119.

791 F.2d 611 (1986)

Gladys ALLEN and J. Patrick Craddock, Plaintiffs-Appellants, v. Robert FERGUSON, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 29, 1986.


Attorney(s) appearing for the Case

Thomas S. Moore, McCarthy Duffy Neidhart & Snakard, Chicago, Ill., for plaintiffs-appellants.

Matthew J. Iverson, Abramson & Fox, Chicago, Ill., for defendant-appellee.

Before ESCHBACH and POSNER, Circuit Judges, and TIMBERS, Senior Circuit Judge.


ESCHBACH, Circuit Judge.

The primary questions presented in this appeal are (1) whether this court has jurisdiction to review a district court's order dismissing one, but not all, of the defendants prior to remanding the action to state court pursuant to 28 U.S.C. § 1447(c) and (2) whether the district court erred in dismissing that defendant. For the reasons stated below, we will deny the appellee's motion to dismiss the appeal and will reverse the district...

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