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STATE TAX COMMISSION v. UNION CARBIDE CORPORATION

Civ. No. 1-74-173.

386 F.Supp. 250 (1974)

STATE TAX COMMISSION, Plaintiff, v. UNION CARBIDE CORPORATION, Defendant.

United States District Court, D. Idaho.

December 13, 1974.

Attorney(s) appearing for the Case

Theodore V. Spangler, Jr., Asst. Atty. Gen., State Tax Commission, Boise, Idaho, for plaintiff.

Peter C. Jenkins and T. H. Eberle, Eberle, Berlin, Kading, Turnbow & Gillespie, Chartered, Boise, Idaho, for defendant.

MEMORANDUM DENYING MOTION TO RECONSIDER

J. BLAINE ANDERSON, District Judge.

Union Carbide Corporation ("corporation") has moved pursuant to Rule 60, F.R.Civ.P. for reconsideration of the Court's ruling of October 7, 1974, remanding this action to state court. Inasmuch as an order of remand in this type of case is not appealable, 28 U.S. C. § 1447(d), the Court accepts this opportunity to elaborate on the reasons for that decision.

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