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  • Martin L. Sullivan v. Charles E. Simons, JR., United States District Judge, Eastern District of South Carolina, 337 F.2d 239, 4th Cir. (1964)

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    The document is a court case from 1964 in which the petitioner Martin L. Sullivan sought a writ of mandamus against Judge Charles E. Simons Jr. to vacate an order remanding a diversity case back to state court after it had been removed. In a per curiam opinion, the court dismissed the petition, citing that under 28 U.S.C.A. § 1447(d) it is forbidden from reviewing orders remanding removed cases back to state court by appeal or otherwise.

    Original Description:

    Filed: 1964-10-02 Precedential Status: Precedential Citations: 337 F.2d 239 Docket: 9618_1

    Original Title

    Martin L. Sullivan v. Charles E. Simons, Jr., United States District Judge, Eastern District of South Carolina, 337 F.2d 239, 4th Cir. (1964)

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    The document is a court case from 1964 in which the petitioner Martin L. Sullivan sought a writ of mandamus against Judge Charles E. Simons Jr. to vacate an order remanding a diversity case back to state court after it had been removed. In a per curiam opinion, the court dismissed the petition, citing that under 28 U.S.C.A. § 1447(d) it is forbidden from reviewing orders remanding removed cases back to state court by appeal or otherwise.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    7 views1 page

    Martin L. Sullivan v. Charles E. Simons, JR., United States District Judge, Eastern District of South Carolina, 337 F.2d 239, 4th Cir. (1964)

    Uploaded by

    Scribd Government Docs
    The document is a court case from 1964 in which the petitioner Martin L. Sullivan sought a writ of mandamus against Judge Charles E. Simons Jr. to vacate an order remanding a diversity case back to state court after it had been removed. In a per curiam opinion, the court dismissed the petition, citing that under 28 U.S.C.A. § 1447(d) it is forbidden from reviewing orders remanding removed cases back to state court by appeal or otherwise.

    Copyright:

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    of 1

    337 F.

    2d 239

    Martin L. SULLIVAN, Petitioner,


    v.
    Charles E. SIMONS, Jr., United States District Judge, Eastern
    District of South Carolina, Respondent.
    No. 9618.

    United States Court of Appeals Fourth Circuit.


    Argued October 2, 1964.
    Decided October 2, 1964.

    Charles H. Gibbs, Charleston, S. C., for petitioner.


    Before SOBELOFF, Chief Judge, and FAHY and BRYAN, Circuit
    Judges.
    PER CURIAM.

    This is a petition for a writ of mandamus to the District Court for the Eastern
    District of South Carolina, requiring the District Judge to vacate an order he
    passed remanding this diversity case to the State Court from which it had been
    removed. We do not consider the merits of the petition for we are forbidden by
    28 U.S.C.A. 1447(d) to review such an order on appeal or otherwise.
    The petition must be

    Dismissed.

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