United States First Circuit

A case properly removed to federal court pursuant to 28 U.S.C. section 1446 cannot be dismissed with prejudice if the district court subsequently concludes that it lacks subject matter jurisdiction over the dispute.

Appellate Information

• Decided 09/12/2003
• Published 09/12/2003

Judges

• LIPEZ, Circuit Judge., Before BOUDIN, Chief Judge, LIPEZ and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Daniel A. Laufer, for appellants.


• For Appellees:
  
• Melissa E. Darigan, Lisa M. Martinelli, and Partridge Snow & Hahn LLP for appellees.