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MOTION CONTROL CORP. v. SICK, INC.

No. 03-2379.

354 F.3d 702 (2003)

MOTION CONTROL CORPORATION, Petitioner-Appellant, v. SICK, INC., Respondent-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: December 30, 2003.

Rehearing and Rehearing Denied: February 4, 2004.

Attorney(s) appearing for the Case

Kay Nord Hunt, argued, Minneapolis, MN (Barry A. O'Neil, on the brief), for appellant.

Steven H. Silton, argued, Minneapolis, MN (Aaron F. Biber and Brian R. Dockendorf, on the brief), for appellee.

Before MURPHY, LAY, and BRIGHT, Circuit Judges.

Rehearing and Rehearing En Banc Denied: February 4, 2004.

LAY, Circuit Judge.

Motion Control Corporation ("MCC") appeals the district court's decision allowing removal of MCC's Minnesota state law claim. The district court based its removal decision on the grounds that the claim was "factually interdependent" with, and therefore "ancillary" to, a case already pending before the federal district court. We hold that 28 U.S.C. § 1441 does not allow removal...

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