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OKLAHOMA EX REL. EDMONDSON v. MAGNOLIA MARINE

No. 02-7139.

359 F.3d 1237 (2004)

State of OKLAHOMA, ex rel.; Drew EDMONDSON, Plaintiffs-Appellants, v. MAGNOLIA MARINE TRANSPORT COMPANY, a Mississippi corporation; Ergon, Inc., a Mississippi corporation; William Joe Dedmon, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

February 24, 2004.

Attorney(s) appearing for the Case

E. Clyde Kirk and Gregory S. Eldridge, Assistant Attorneys General, Litigation Section, Oklahoma City, OK, for Plaintiffs-Appellants.

Michael Burrage and Sean Burrage, of Burrage Law Firm, Durant, OK, for Defendants-Appellees Magnolia Marine Transport Company and Ergon, Inc.

Joel L. Wohlgemuth of Norman Wohlgemuth Chandler & Dowdell, Tulsa, OK, for Defendant-Appellee William Joseph Dedmon.

Before McCONNELL, ANDERSON, and BALDOCK, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

The plaintiff State of Oklahoma appeals from the denial of its motion to remand this case back to state court. The State asserts that removal of the case both violated the Eleventh Amendment and rested on an erroneous assertion of federal question jurisdiction. As explained below, we take jurisdiction of this interlocutory appeal under a particular variant of the collateral order doctrine, and, on the merits, hold that (1) the State...

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