United States Sixth Circuit

In a dispute between competing labor unions representing maritime officers alleging tortious interference with a contractual relationship and unjust enrichment, an appeal of an order remanding the case after it had been removed to federal court is dismissed as: 1) the district court had determined that it lacked subject matter jurisdiction over plaintiff's complaint and accordingly ordered the case remanded pursuant to 28 U.S.C. section 1447(c); 2) thus, the district court's order was more than "colorabl[y]" based on a lack subject matter jurisdiction for purposes of section 1447(d)'s bar on appellate review; and 3) no exception to the bar applied.

Appellate Information

• Decided 09/27/2007
• Published 09/27/2007

Judges

• Before:  BATCHELDER and GILMAN, Circuit Judges;  STAFFORD, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:  Charles B. Wolf, Vedder, Price, Kaufman & Kammholz, Chicago, Illinois, Leslie Anne Epley, Thomas P. Gies, Crowell & Moring, Washington, D.C., Gregory T. Lodge, Shumaker, Loop & Kendrick, Toledo, Ohio, for Appellants.  Anastasia Kay Hanson, Spengler Nathanson, Toledo, Ohio, for Appellee.