IN RE LOWE

No. 96-560.

102 F.3d 731 (1996)

In re Katherine Susan LOWE, Petitioner.

United States Court of Appeals, Fourth Circuit.

Decided December 17, 1996.


Attorney(s) appearing for the Case

ARGUED: Harvey Leroy Kennedy, Kennedy, Kennedy, Kennedy & Kennedy, L.L.P., Winston-Salem, NC, for Petitioner. James Walker Williams, Roberts & Stevens, P.A., Asheville, NC, for Respondents. ON PLEADINGS: Harold L. Kennedy, III, Kennedy, Kennedy, Kennedy & Kennedy, L.L.P., Winston-Salem, NC, for Petitioner.

Before MURNAGHAN, NIEMEYER, and MOTZ, Circuit Judges.


OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

In this case, a federal district court attempted to reconsider its order remanding a case to the state court, after entry of that order. The entry of the remand order divested the federal court of jurisdiction, even though no certified copy of the order was mailed to the state court. Accordingly, we grant mandamus relief and direct that this case be returned to the state court.

I.

In May 1995,...

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