United States Third Circuit

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.

Appellate Information

• Argued 12/03/2002
• Decided 02/24/2003
• Published 02/24/2003

Judges

• Before: ROTH, SMITH and CUDAHY, Circuit Judges.

Court

• United States Third Circuit

Counsel

• 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.