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PALMER v. CITY NAT. BANK, OF WEST VIRGINIA

No. 06-1151.

498 F.3d 236 (2007)

John PALMER; Stacey Palmer, Plaintiffs-Appellees, and United States Department of Agriculture, Farm Service Agency, Third Party Defendant-Appellee, v. CITY NATIONAL BANK, OF WEST VIRGINIA, Defendant-Appellant, and Stuart Kaufmann; Bank One, N.A., Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: August 16, 2007.

Attorney(s) appearing for the Case

ARGUED: Ancil Glenn Ramey, Steptoe & Johnson, Charleston, West Virginia, for Appellant. Isaac J. Lidsky, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Appellees. ON BRIEF: Scott E. Johnson, Steptoe & Johnson, Charleston, West Virginia, for Appellant. Peter D. Keisler, Assistant Attorney General, Gary Call, United States Attorney, Michael S. Raab, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Appellees.

Before NIEMEYER and GREGORY, Circuit Judges, and DAVID C. NORTON, United States District Judge for the District of South Carolina, sitting by designation.

Affirmed by published opinion. Judge GREGORY wrote the opinion, in which Judge NIEMEYER and Judge NORTON joined.

OPINION

GREGORY, Circuit Judge:

The doctrine of derivative jurisdiction requires that a federal court's jurisdiction over a removed case mirror the jurisdiction that the state court had over the action prior to removal. In this appeal, the district court applied the doctrine and dismissed a removed...

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