United States Sixth Circuit

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.