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.
- Argued 08/08/2001
- Decided 03/21/2002
- Published 03/21/2002
- Before: MOORE and COLE, Circuit Judges; ROSEN, District Judge.
- United States Sixth Circuit
- 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.