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United States Sixth Circuit

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PETERS v. LINCOLN ELECTRIC CO., 00-3562

Plaintiff's deposition responses can constitute an "other paper" from which it may be ascertained the case is removable under federal question jurisdiction; thus, where complaint did not contain an ERISA claim, but deposition provided such a basis, removal was proper.

Appellate Information

  • Argued 08/08/2001
  • Decided 03/21/2002
  • Published 03/21/2002

Judges

  • Before:  MOORE and COLE, Circuit Judges;  ROSEN, District Judge.

Court

  • United States Sixth Circuit

Counsel

  • For Appellant:
  • Ann-Marie Ahern (argued and briefed), Simon Law Firm, Cleveland, OH, for Appellant.

  • For Appellees:
  • Lee J. Hutton (argued and briefed), Kenneth D. Schwartz (briefed), Duvin, Cahn & Hutton, Cleveland, OH, for Appellee.
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