COOK v. WIKLER, 02-1340
Dismissal of an appeal of a remand order, entered on the basis of a defect in removal, is proper where the district court determined that third-party defendants were prohibited from removing cases to federal court under 28 U.S.C. section 1441.
- Argued 12/03/2002
- Decided 02/24/2003
- Published 02/24/2003
- Before: ROTH, SMITH and CUDAHY, Circuit Judges.
- United States Third Circuit
- For Appellant:
- City of Philadelphia Law Dept., Nelson A. Diaz, City Solicitor, Elise M. Bruhl (argued), Assistant City Solicitor, Appeals, Philadelphia, PA, for Appellant Police Officer Tonkinson., Gordon Gelfond, Margolis & Edelstein, Philadelphia, for Gerald Wikler., William E. Averona, Philadelphia, PA, for Deborah Cook.
- For Appellees:
- Alan L. Yatvin (argued), Popper & Yatvin, Philadelphia, PA, for Appellee John Palko.