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MILLER v. LAMBETH

No. 05-3207.

443 F.3d 757 (2006)

Debra L. MILLER, Secretary of the Kansas Department of Transportation, Plaintiff-Appellee, v. Danny LAMBETH, Defendant-Appellant, and Joel Lambeth; Shell Ann Plekowske; Dana Lyn Dawes; Mark Lambeth, doing business as Truck Wholesale, Defendants.

United States Court of Appeals, Tenth Circuit.

April 11, 2006.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Danny Lambeth, pro se.

Oswald S. Dwyer, Staff Attorney (Sally Howard, Chief Counsel) Kansas Department of Transportation, Topeka, KS, for the Plaintiff-Appellee.

Before TACHA, Chief Circuit Judge, HARTZ, and TYMKOVICH, Circuit Judges.

HARTZ, Circuit Judge.

This appeal raises an interesting issue regarding our jurisdiction to review a district court order remanding a case to state court after the defendant had removed it to federal court. We hold that we lack jurisdiction and dismiss the appeal.

I.

The statutory provisions governing remands of cases removed to federal court are 28 U.S.C. § 1447(c) and (d), which state:

(c...

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