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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.
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