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BUCARY v. ROTHROCK

No. 88-3786.

883 F.2d 447 (1989)

Joseph BUCARY and Patricia Bucary, Plaintiffs-Appellees, v. R.L. ROTHROCK, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided August 15, 1989.

Attorney(s) appearing for the Case

Sanford I. Atkin, Cleveland, Ohio, for plaintiffs-appellees.

Leo R. Ward, Patrick Carroll, Ward, Marein & Gillette, Cleveland, Ohio, for defendant-appellant.

Before KENNEDY and WELLFORD, Circuit Judges; and PECK, Senior Circuit Judge.

KENNEDY, Circuit Judge.

Defendant-appellant, R.L. Rothrock, appeals from the District Court's order forfeiting his removal bond as "just costs" pursuant to 28 U.S.C. § 1447(c) after the court determined that the case had been improperly removed to federal court. Although defendant concedes that the District Court's order of remand to state court is not itself subject to appellate review, he contends that the District Court abused its discretion in awarding costs...

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