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LYONS v. ALASKA TEAMSTERS EMPLOYER SERVICE CORP.

No. 98-35116.

188 F.3d 1170 (1999)

Laurie LYONS, Plaintiff-Appellee, v. ALASKA TEAMSTERS EMPLOYER SERVICE CORPORATION; Gerald Hood, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided August 31, 1999.

Attorney(s) appearing for the Case

Ronald L. Bliss, Bliss & Wilkens, Anchorage, Alaska, for the defendants-appellants.

Martin A. Farrell, Jr., Anchorage, Alaska, for the plaintiff-appellee.

Before: HUG, Chief Judge, TROTT and A. TASHIMA, Circuit Judges.

HUG, Chief Judge:

At issue in this appeal is whether 28 U.S.C. § 1447(d), which provides that an order remanding a case to state court for lack of subject matter jurisdiction is unreviewable on appeal, bars our review of the district court's remand based on a finding that the Employment Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001-1461, did not completely preempt the plaintiff's state law claims. We hold that § 1447(d) bars...

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