United States Eighth Circuit
NICHOLS v. HARBOR VENTURE, INC., 01-1683
State law claims of malicious prosecution and abuse of process relating to the adjudication of a consent decree entered in federal court do not involve a substantial question of federal law, thus, this case was improperly removed to federal court, and the All Writs Act does not confer federal removal jurisdiction independently.
Appellate Information
- Decided 03/21/2002
- Published 03/21/2002
Judges
- BOWMAN, Circuit Judge., Before WOLLMAN, Chief Judge,BOWMAN and STAHL, Circuit Judges.
Court
- United States Eighth Circuit
Counsel
- For Appellant:
- Richard C. Witzel, argued, Brentwood, MO (David A. Dimmitt, on the brief), for appellant.
- For Appellees:
- Jeffrey S. Russell, argued, St. Louis, MO (Veryl L. Riddle and Elizabeth C. Carver, on the brief), for appellee.