Unpublished Disposition, 852 F.2d 1289 (9th Cir. 1987)

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U.S. Court of Appeals for the Ninth Circuit - 852 F.2d 1289 (9th Cir. 1987)

Daniel MILLER, Plaintiff-Appellant,v.William F. GRUGRICH and Southern Aviation Insurance Group,Inc., Defendants- Appellees.

No. 85-6539.

United States Court of Appeals, Ninth Circuit.

July 19, 1988.


Before ANDERSON*  and CANBY, Circuit Judges, and STANLEY A. WEIGEL** , DISTRICT JUDGE.

The petition of plaintiff-appellant Miller for rehearing is granted. The memorandum disposition of this court filed on October 28, 1987 is withdrawn and this court's decision is vacated.

The decision of the district court is vacated for lack of jurisdiction. The case is REMANDED to the district court and the district court is directed to remand the case to the state court from which it was improperly removed. See Bryant v. Ford Motor Co., 844 F.2d 602 (9th Cir. 1988).


Judge Anderson was a member of the panel that originally heard oral argument in this case. He had voted on the petition for rehearing before his death


The Honorable Stanley A. Weigel, Senior United States District Judge for the Northern District of California, sitting by designation