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SPENCER v. U.S. DIST. COURT FOR NORTHERN

No. 04-72409.

393 F.3d 867 (2004)

Richard R. SPENCER, Executor of the Estate of Lindsay C. Spencer and Carmen West, Guardian Ad Litem for Wyley Spencer a minor, Petitioner, v. UNITED STATES DISTRICT COURT FOR the NORTHERN DISTRICT OF CALIFORNIA, Respondent, Altec Industries, Inc., and Does 1-30, jointly and severally, Real Party in Interest.

United States Court of Appeals, Ninth Circuit.

Filed December 14, 2004.

Attorney(s) appearing for the Case

Michael J. Haddad, Oakland, CA, for the petitioner.

Jeffrey R. Williams, Bita A. Karabian, Morgenstein & Jubelirer LLP, San Francisco, CA, for the real party in interest.

Before: REINHARDT, THOMPSON, and BERZON, Circuit Judges.

DAVID R. THOMPSON, Senior Circuit Judge:

Petitioners seek a writ of mandamus ordering the district court to remand this action to state court. Petitioners argue the district court must remand pursuant to a bankruptcy court's order which petitioners claim requires the district court to abstain from exercising federal jurisdiction. In the alternative, petitioners contend that the joinder of a local, albeit diverse, defendant following removal from state to federal court...

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