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Things Remembered, Inc. v. Petrarca : ウィキペディア英語版 | Things Remembered, Inc. v. Petrarca
''Things Remembered, Inc. v. Petrarca'', 516 U.S. 124 (1995), was a case in which the United States Supreme Court held that when an action has been removed from state court to a United States Bankruptcy Court, and the bankruptcy court remands to state court because of a timely-raised defect in removal procedure or lack of subject-matter jurisdiction, the removal statute precludes a United States Court of Appeals from reviewing the order. == Facts ==
Two corporations were parties to a litigation in an Ohio state court. The defendant filed a bankruptcy petition and sought to remove (transfer) the case to the federal Bankruptcy Court. The Bankruptcy Court accepted the removal, but on appeal, the District Court reversed, holding that the removal petition had been filed after the statutory deadline. The debtor filed a further appeal to the United States Court of Appeals for the Sixth Circuit, but that court held that it lacked jurisdiction, because the removal statute barred the Court of Appeals from hearing appeals of remand orders. The Supreme Court granted certiorari to review the dismissal.
抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Things Remembered, Inc. v. Petrarca」の詳細全文を読む
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