ORANGE COUNTY WATER DIST. v. UNOCAL CORP.

No. 07-5724-op.

584 F.3d 43 (2009)

ORANGE COUNTY WATER DISTRICT, Petitioner, v. UNOCAL CORPORATION, formerly known as Costal Oil New York, Inc., formerly known as Union Oil Company Of California, Conocophillips Company, Chevron U.S.A., Inc., individually doing business as Chevron Products Company, doing business as Chevron Chemical Company, Chevrontexaco Corporation, Texaco Refining and Marketing, Inc., now known as TMR Company, Equilon Enterprises LLC, Shell Oil Company, Inc., individually doing business as Shell Oil Products US, Union Oil Company of California, individually doing business as Unocal, Tosco Corporation, Exxon Mobil Corporation, individually formerly known as Exxon Corporation Doing Business as Exxonmobil Refining And Supply Company, Exxon Chemical U.S.A., Exxonmobil Chemical Corporation, Mobil Corporation, Ultramar, Inc., Valero Refining, Valero Refining Company-California, Valero Marketing and Supply Company, Atlantic Richfield Company, Inc., individually formerly known as Arco Petroleum Company doing business as Arco Products Company also known as Arco, BP Products North America, Inc., BP West Coast LLC, Tesoro Petroleum Corporation, Tesoro Refining and Marketing Company, Inc., Petro-Diamond, Inc., Southern Countries Oil Co., Citgo Petroleum Corporation, Arco Chemical Company, Lyondell Chemical Company, individually formerly known as Arco Chemical Company, G & M Oil Company, Inc., 7-Eleven, Inc., USA Gasoline Corporation, Does 9-200, and Does 202-1000, inclusive, Defendants.

United States Court of Appeals, Second Circuit.

Decided: October 1, 2009.


Attorney(s) appearing for the Case

Michael Axline, Tracey O'Reilly, Miller, Axline & Sawyer, Sacramento, CA, for Petitioner.

Thomas Marcelle, Albany, NY, Amicus Curiae in Opposition to Petitioner.

Before WINTER and CABRANES Circuit Judges.


PER CURIAM:

The question presented is whether a district court may retain jurisdiction when a case was improperly removed to federal court. Specifically, we consider whether improper removal under the bankruptcy removal statute requires subsequent remand to state court.

The Orange County Water District ("OCWD") petitions for a writ of mandamus challenging a November 7, 2007 order of the United States District Court for the Southern District of New York (Shira...

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