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Airline Maintenance Lodge 702 v. Loudermilk

United States Court of Appeals, Fifth Circuit
Jun 2, 1970
426 F.2d 802 (5th Cir. 1970)

Summary

remanding to district court for findings regarding jurisdiction and propriety of removal

Summary of this case from Williams v. Best Buy Company Inc.

Opinion

No. 27265.

June 2, 1970.

Joseph P. Manners, Richard Gale, Miami, Fla., Plato Papps, Gen. Counsel, Washington, D.C., for appellant.

Richard L. Horn, Allan Milledge, Miami, Fla., for appellees.

Before JOHN R. BROWN, Chief Judge and JONES, Circuit Judge.


Because of the inadequacy of the briefs of both parties growing out of the fact that the issue was not considered adequately by the District Court, the judgment is vacated and remanded for the District Court to consider and then make appropriate findings and conclusions regarding the jurisdiction of the Federal District Court, the propriety and basis for removal from the State Court, the propriety of denial of the motion to remand, and related matters going to Federal Court jurisdiction and removal. A new judgment as appropriate shall then be entered. In calling the Court's attention to these possibly relevant materials, we intimate in no way any prejudgment. See 28 U.S.C.A. §§ 1441, 1331(a), 1337; International Ass'n of Machinists v. Central Airlines, Inc., 1963, 372 U.S. 682, 83 S.Ct. 956, 10 L.Ed.2d 67; Avco Corp. v. Aero Lodge No. 735, International Ass'n of Machinists and Aerospace Workers, 1968, 390 U.S. 557, 88 S.Ct. 1235, 20 L.Ed.2d 126; Mungin v. Florida East Coast Ry. Co., 5 Cir., 1969, 416 F.2d 1169; Clinton v. Hueston, 5 Cir., 1962, 308 F.2d 908.

Judgment vacated.


Summaries of

Airline Maintenance Lodge 702 v. Loudermilk

United States Court of Appeals, Fifth Circuit
Jun 2, 1970
426 F.2d 802 (5th Cir. 1970)

remanding to district court for findings regarding jurisdiction and propriety of removal

Summary of this case from Williams v. Best Buy Company Inc.
Case details for

Airline Maintenance Lodge 702 v. Loudermilk

Case Details

Full title:AIRLINE MAINTENANCE LODGE 702, International Association of Machinists and…

Court:United States Court of Appeals, Fifth Circuit

Date published: Jun 2, 1970

Citations

426 F.2d 802 (5th Cir. 1970)

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