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MARTIN v. FRANKLIN CAPITAL CORP.

No. 04-1140.

546 U.S. 132 (2005)

MARTIN ET UX. v. FRANKLIN CAPITAL CORP. ET AL.

Supreme Court of United States.

Decided December 7, 2005.

Attorney(s) appearing for the Case

Sam Heldman argued the cause for petitioners. With him on the briefs were Hilary E. Ball, Michael P. Malakoff, and James M. Pietz.

Jan T. Chilton argued the cause for respondents. With him on the brief was Ronald J. Segel.*

CHIEF JUSTICE ROBERTS delivered the opinion of the Court.

A civil case commenced in state court may, as a general matter, be removed by the defendant to federal district court, if the case could have been brought there originally. 28 U.S.C. § 1441 (2000 ed. and Supp. II). If it appears that the federal court lacks jurisdiction, however, "the case shall be remanded." § 1447(c). An order remanding a removed case to...

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