SAMMIE BONNER CONST. v. WESTERN STAR TRUCKS SALES

No. 02-12794.

330 F.3d 1308 (2003)

SAMMIE BONNER CONSTRUCTION CO., INC., Plaintiff-Appellee, v. WESTERN STAR TRUCKS SALES, INC., Defendant-Appellant, Donaldson Company, Inc., Defendant.

United States Court of Appeals, Eleventh Circuit.

May 12, 2003.


Attorney(s) appearing for the Case

James Bennett, Paul V. Stearns, Bryan Cave LLP, St. Louis, MO, for Defendant-Appellant.

Ted L. Mann, Mann & Cowan, PC, Birmingham, AL, for Plaintiff-Appellee.

Before ANDERSON and WILSON, Circuit Judges, and OWENS, District Judge.


WILSON, Circuit Judge:

Western Star Trucks Sales, Inc. appealed the district court's order of remand, and Sammie Bonner Construction Co.,1 moved to dismiss the appeal, asserting that we lacked jurisdiction because the order was unreviewable pursuant to 28 U.S.C. § 1447(d). This Court, reviewing the motion to dismiss, concluded that the order of remand was not reviewable, but that "to the extent that the order determined that plaintiffs...

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