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MITSKOVSKI v. BUFFALO, FT ERIE, BRIDGE AUTH

No. 04-5878-CV.

435 F.3d 127 (2006)

Mark B. MITSKOVSKI, Elizabeth A. Martina, Thomas J. Pisa, Plaintiffs-Appellees, v. BUFFALO AND FORT ERIE PUBLIC BRIDGE AUTHORITY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: January 11, 2006.

Attorney(s) appearing for the Case

Marilyn A. Hochfield, Buffalo, N.Y., (Randolph C. Oppenheimer, Steve Suneson, Kavinoky Cook LLP, on the brief), for Defendant-Appellant.

Robert E. Knoer, Knoer, Crawford & Bender, LLP, Buffalo, N.Y., for Plaintiffs-Appellees.

Before: NEWMAN and SOTOMAYOR, Circuit Judges; and DANIELS, District Judge.

JON O. NEWMAN, Circuit Judge.

This appeal presents novel issues concerning removal of a state court case to federal court and the appealability of a federal court's order remanding a case back to a state court. The issues arise on an appeal by Defendant-Appellant Buffalo and Fort Erie Public Bridge Authority ("the Authority") from the October 5, 2004, order of the District Court for the Western District of New York (John...

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