MILLS v. HARMON LAW OFFICES

No. 03-1091.

344 F.3d 42 (2003)

Deborah Mills and Peter Mills, Plaintiffs, Appellants, v. Harmon Law Offices, P.C., Salem Five Cents Savings Bank, David a Marsocci, Esq., David M. Rosen, Esq., and Daniel J. Flynn, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided September 12, 2003.


Attorney(s) appearing for the Case

Daniel A. Laufer, for appellants.

Melissa E. Darigan, Lisa M. Martinelli, and Partridge Snow & Hahn LLP for appellees.

Before Boudin, Chief Judge, Lipez and Howard, Circuit Judges.


LIPEZ, Circuit Judge.

This appeal presents a narrow procedural question — whether a case properly removed to federal court pursuant to 28 U.S.C. § 1446 can be dismissed with prejudice if the district court subsequently concludes that it lacks subject matter jurisdiction over the dispute.

On January 9, 1987, appellants Deborah and Peter Mills refinanced the mortgage on their home with defendant Salem Five Cents Savings Bank ("Salem Bank"), which...

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