Gravitt v. Southwestern Bell Tel. Co. - 430 U.S. 723 (1977)

U.S. Supreme Court

Gravitt v. Southwestern Bell Tel. Co., 430 U.S. 723 (1977)

Gravitt v. Southwestern Bell Telephone Co.

No. 76-1036

Decided April 25, 1977

430 U.S. 723

Syllabus

The District Court's order remanding a removed diversity tort action to the state courts for apparent lack of complete diversity among the parties was clearly within 28 U.S.C. § 1447(c), which provides for remanding a removed action when the district court determines that "the case was removed improvidently and without jurisdiction," and hence, under § 1447(d), was not reviewable by the Court of Appeals. Thermtron Products, Inc. v. Hermansdorfer, 423 U. S. 336, distinguished.

Certiorari granted; ___ F.2d ___, reversed and remanded.