ROTHNER v. CITY OF CHICAGO

Nos. 88-1999, 88-2690.

879 F.2d 1402 (1989)

Eric ROTHNER d/b/a Chicago Game Co., and d/b/a Bell Vending, Inc., Plaintiff-Appellee, v. CITY OF CHICAGO, a municipal Corporation, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 5, 1989.


Attorney(s) appearing for the Case

Kenneth Rosenburg, Lincolnwood, Ill., James A. Graham, Mayer Brown & Platt, Glenn Seiden, Seiden & Associates, Chicago, Ill., for Eric Rothner.

Judson H. Miner, Corporation Counsel, Ruth M. Moscovitch, Asst. Corporation Counsel, William B. Mackin, Jeffrey P. Smith, Office of the Corporation Counsel, Chicago, Ill., for City of Chicago.

Before FLAUM, EASTERBROOK, and RIPPLE, Circuit Judges.


FLAUM, Circuit Judge.

These consolidated appeals, both brought by the City of Chicago, raise two questions: (1) whether an order remanding a removed case to state court on the ground that the defendant waived the right to remove prior to the running of the thirty-day time period for removal by participating in state court proceedings is reviewable under Thermtron Products, Inc. v. Hermansdorfer, 423 U.S. 336, 96 S.Ct. 584, 46...

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