IN RE FIRST NAT. BANK OF BOSTON

No. 95-5008.

70 F.3d 1184 (1995)

In re FIRST NATIONAL BANK OF BOSTON, a national banking association, Petitioner.

United States Court of Appeals, Eleventh Circuit.

November 30, 1995.


Attorney(s) appearing for the Case

Gary S. Salzman, Law Office of Gary S. Salzman, P.A., Michael J. Appleton, Marlowe & Appleton, Winter Park, FL, for appellant.

Stephen A. Schorr, Korman, Schorr & Wagenheim, P.A., Thomas L. Abrams, Berger & Davis, P.A., Ft. Lauderdale, FL, Robert H. Hosch, Jr., Butler, Moon & Hosch, P.A., Orlando, FL, Lenore C. Nesbitt, Miami, FL, for appellee.

Before KRAVITCH, BIRCH and BLACK, Circuit Judges.


BIRCH, Circuit Judge:

This petition for writ of mandamus requires us to decide whether a district court can remand a case sua sponte within the thirty-day period following a removal notice provided in 28 U.S.C. § 1447(c) for motions to remand. The district court remanded the removed case to state court during this time period. Because we conclude that the 1988 amendments to section 1447(c) precluded the district...

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