IN RE BURLINGTON NORTHERN SANTA FE RY. CO.

No. 09-8023.

606 F.3d 379 (2010)

In re BURLINGTON NORTHERN SANTA FE RAILWAY COMPANY, Burlington Northern Santa Fe Corporation, William Barbee, and Francis Weber, Petitioners.

United States Court of Appeals, Seventh Circuit.

Decided May 19, 2010.


Attorney(s) appearing for the Case

Timothy R. Thornton (submitted), Minneapolis, MN, for Petitioners.

Christopher D. Stombaugh (submitted), Kopp, McKichan, Geyerm Clare & Skemp, Platteville, WI, for Respondents.

Before KANNE, WOOD, and SYKES, Circuit Judges.


PER CURIAM.

The defendants removed this class action suit to federal court under the Class Action Fairness Act ("CAFA"), but when the plaintiffs amended their complaint to omit the class allegations, the district court found jurisdiction lacking and remanded the case to state court. The defendants petitioned for leave to appeal the order of remand under 28 U.S.C. § 1453(c). We accept the appeal and reverse.

This case began when Allen Moore and other residents...

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