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BARBOUR v. INTERNATIONAL UNION

No. 08-1740.

594 F.3d 315 (2010)

Shirley M. BARBOUR; Harry M. Barker; Anthony Burton; William J. Cline; Barbara Faulkner; Raymond N. Fleck, Jr.; Arthur Hamilton, II; Daniel L. Hamm; Troy L. Harris; Gary Landau; Vincent Marra; Peggy A. Murphy; Richard Douglas Permenter; Patricia Pierson; Jeffrey N. Roberts; Annie Smith Rodgers; Reess H. Scott; Joyce See; Roney Smith; Fred M. Stewart; Daniel Lee Tichnell; Robert Thomas; Charles F. Wadkins, Plaintiffs-Appellants, v. INTERNATIONAL UNION, United Automobile, Aerospace and Agricultural Implement Workers of America; Local No. 1183 of International Union, United Automobile, Aerospace and Agricultural Implement Workers of America; Local No. 1212 of International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: February 4, 2010.

Attorney(s) appearing for the Case

ARGUED: Thomas C. Costello, West & Costello, LLC, Baltimore, Maryland, for Appellants. Ava Barbour, International Union, UAW, Detroit, Michigan, for Appellees. ON BRIEF: John H. West, III, West & Costello, LLC, Baltimore, Maryland, for Appellants. Wendy L. Kahn, Jeffrey W. Burritt, Zwerdling, Paul, Kahn & Wolly, PC, Washington, D.C., for Appellees.

Affirmed in part; vacated and remanded with instructions by published opinion. Judge AGEE wrote the opinion, in which Judge SEYMOUR joined. Senior Judge HAMILTON wrote a separate opinion concurring in the judgment in part and dissenting in part.

OPINION

AGEE, Circuit Judge:

In this appeal we first consider whether removal of the case from state to federal court was timely. Holding that the notice of removal was timely filed, we then determine whether the district court possessed subject matter jurisdiction over the case based on the doctrine of complete preemption. For the reasons that follow, we hold that the district court was without subject matter jurisdiction.

I. Factual Background...

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