United States Eighth Circuit

In an action alleging that tobacco company's practice of marketing and selling "light" cigarettes violated state consumer protection statutes and constituted common law fraud, denial of plaintiffs' motion to remand the action to state court following removal is reversed where defendants' second attempt to remove the case was untimely because a statutory thirty day limit was not recommenced by receipt of a copy of a particular decision involving federal officer jurisdiction.

Appellate Information

• Decided 02/28/2007
• Published 02/28/2007

Judges

• MURPHY, Circuit Judge., Before LOKEN, Chief Judge, JOHN R. GIBSON, and MURPHY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Kay Nord Hunt, argued, Minneapolis, MN, for appellant.


• For Appellees:
  
• Hugh R. Whiting, argued, Houston, TX, for appellee.