WHITMAN v. RALEY'S INC.

Nos. 87-2969, 89-16257.

886 F.2d 1177 (1989)

Cindy WHITMAN, Plaintiff-Appellee, v. RALEY'S INC., Defendant-Appellant. Floyd L. KRENTZ, Plaintiff-Appellee, v. CONNECTICUT GENERAL LIFE INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 3, 1989.


Attorney(s) appearing for the Case

Bruce Laxalt, Monique Laxalt Urza, Laxalt & Nomura, Reno, Nev., for defendant-appellant, Raley's, Inc.

Stephen N. Scheerer, Incline Village, Nev., James A. Stone, Reno, Nev., for plaintiff-appellee, Cindy Whitman.

Christopher H. Whelen, Gold River, Cal., for plaintiff-appellee, Floyd L. Krentz.

Geoffrey Van Loucks and Rob MacDonald, Van Loucks & Hanley, San Jose, Cal., for defendant-appellant, Connecticut Gen. Life Ins. Co.

Before HUG, BRUNETTI and NOONAN, Circuit Judges.


Submitted to Motions Panel May 8, 1988 and September 27, 1989.

HUG, Circuit Judge:

We have chosen to resolve these two cases as companions because they present the same legal issue: Does 28 U.S.C. § 1447(d) bar review of remand orders that are based on a finding that federal law does not completely preempt plaintiff's state claims? We hold that it does.

I.

WHITMAN APPEAL

On March 21, 1986, Cindy Whitman filed a complaint...

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