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March 06, 2007

Comments

JFC

I think you reversed "remand" and "dismiss" in the last sentence.

S. COTUS

You are correct. The relevant language is thus:


We add, moreover, that the decision to dismiss was not only unnecessary (given the available alternative) but also beyond the district court's lawful authority. After all, the pertinent provision of the remand statute, 28 U.S.C. § 1447(c), instructs that "[i]f at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded" to the state court. This command is obligatory and does not afford district courts leeway to dismiss rather than remand.

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