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IN RE FMC CORPORATION PACKAGING SYSTEMS DIV.

Nos. 99-5220, 99-5302, 99-5328 and 99-5329.

208 F.3d 445 (2000)

In re: FMC CORPORATION PACKAGING SYSTEMS DIVISION, Petitioner in No. 99-5220 (D.C.Civ.No. 98-cv-05762) In re: Medtronic, Inc., Petitioner in No. 99-5302 (D.C.Civ.No. 99-00818) Mary Anne Nelson; Michael Nelson v. Medtronic Inc.; Synchromed; "A" DOE, "B" DOE, "C" DOE, "D" DOE, "E" DOE, "F" DOE, "G" DOE, "H" DOE, "I" DOE, "J" DOE, "K" DOE, AND "L" DOE, (fictitious names actual names being unknown) Medtronic, Inc., Appellant in No. 99-5328 and No. 99-5329 (D.C. No. 99-cv-00818)

United States Court of Appeals, Third Circuit.

Filed March 23, 2000.

Attorney(s) appearing for the Case

Wayne A. Graver, Esquire (Argued) Richard J. Sexton, Esquire Lavin, Coleman, O'Neil, Ricci, Finarelli & Gray, South Mount Laurel, NJ, Counsel For FMC Packaging Systems Division

John P. Lavelle, Jr., Esquire (ARGUED) Hangley, Aronchick, Segal & Pudlin, Cherry Hill, of counsel:

R. Lawrence Purdy, Esquire Mason, Edelman, Borman & Brand, Minneapolis, MN, Counsel for Medtronic, Inc.

John F. McLaughlin, Esquire (ARGUED) Philip G. Auerbach, Esquire Auerbach, Melody & Cox, Red Bank, NJ, Counsel for Mary Anne and Michael Nelson

Before: MANSMANN, NYGAARD and RENDELL, Circuit Judges.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

These consolidated appeals require that we clarify our position with respect to the scope of the District Court's authority to remand, sua sponte, cases removed to the federal courts pursuant to the Federal Removal Statute, 28 U.S.C. § 1441 et seq. (the Act). Specifically, we address whether a District Court exceeds its authority under section 1447(c) of the Act when it raises, sua sponte...

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