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COVANTA ONONDAGA LTD. v. ONONDAGA COUNTY RESOURCE

Docket No. 02-9107.

318 F.3d 392 (2003)

COVANTA ONONDAGA LIMITED PARTNERSHIP, Plaintiff-Appellant, v. ONONDAGA COUNTY RESOURCE RECOVERY AGENCY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: January 29, 2003.

Attorney(s) appearing for the Case

Barry Sullivan, Chicago, IL (Vincent E. Lazar, Jennifer L. McManus, Jenner & Block, LLC, Chicago, IL; Deborah M. Buell, James L. Bromley, Cleary, Gottlieb, Steen & Hamilton, New York, NY, on the brief), for Plaintiff-Appellant.

Lee E. Woodard, Martin, Martin & Woodard, LLC, Syracuse, NY, for Defendant-Appellee.

Before: NEWMAN, SACK, and SOTOMAYOR, Circuit Judges.

JON O. NEWMAN, Circuit Judge.

This appeal concerns a district court's authority to act in a case that was initially removed from a state court, pursuant to 28 U.S.C. § 1452, because it was related to a bankruptcy case, and then remanded back to the state court because the district court determined that mandatory abstention applies. The specific issue is whether, after such a remand, the district court may enjoin a party in the remanded case — the debtor...

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