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BLACK & DECKER (U.S.), INC. v. BROWN

No. 87-5228.

817 F.2d 13 (1987)

BLACK & DECKER (U.S.), INC. and Home Insurance Company, Petitioners, v. Honorable Garrett E. BROWN, Jr., United States District Judge, Nominal Respondent, and Guy Bussell, Respondent.

United States Court of Appeals, Third Circuit.

Decided April 30, 1987.

Opinion on Denial of Rehearing and Rehearing May 26, 1987.

Attorney(s) appearing for the Case

George J. Koelzer, Clarkson S. Fisher, Jr., Ober, Kaler, Grimes & Shriver, Edison, N.J., Bernard A. Leroe, Donington, Leroe, Toland & Luongo, Edison, N.J., for petitioners.

Andrew M. Rockman, E. Elizabeth Sweetzer, Pellettieri, Rabstein and Altman, Trenton, N.J., for respondent.

Before STAPLETON, MANSMANN, and GARTH, Circuit Judges.

Opinion on Denial of Rehearing and Rehearing In Banc May 26, 1987.

Submitted Under Third Circuit Rule 12(6) April 9, 1987.

OPINION OF THE COURT

STAPLETON, Circuit Judge.

Subsection (c) of Section 1447 of the Removal Statute provides that if "at any time before final judgment it appears that the case was removed improvidently and without jurisdiction, the district court shall remand the case...." 28 U.S.C. § 1447(c). Subsection (d) provides...

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