Gravitt v. Southwestern Bell Tel. Co., 430 U.S. 723 (1977)

Gravitt v. Southwestern Bell Telephone Co.

No. 76-1036

Decided April 25, 1977
430 U.S. 723

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES

COURT OF APPEALS FOR THE FIFTH CIRCUIT

Syllabus

The District Court’s order remanding a removed diversity tort action to the state courts for apparent lack of complete diversity among the parties was clearly within 28 U.S.C. § 1447(c), which provides for remanding a removed action when the district court determines that "the case was removed improvidently and without jurisdiction," and hence, under § 1447(d), was not reviewable by the Court of Appeals. Thermtron Products, Inc. v. Hermansdorfer, 423 U.S. 336, distinguished.

Certiorari granted; ___ F.2d ___, reversed and remanded.