Thermtron Products, Inc., v. Hermansdorfer - Case Briefs

PETITIONER:Thermtron Products, Inc.,
RESPONDENT:Hermansdorfer
LOCATION:Ship’s Restaurant

DOCKET NO.: 74-206
DECIDED BY: Burger Court (1975-1981)
LOWER COURT: United States Court of Appeals for the Sixth Circuit

CITATION: 423 US 336 (1976)
ARGUED: Oct 07, 1975
DECIDED: Jan 20, 1976

ADVOCATES:
C. Kilmer Combs – for respondents real parties in interests
Frank G. Dickey, Jr. – for petitioners

Table of Contents

Facts of the case

The judgment and opinion of the Court in No. 74-206, Thermtron Products against Hermansdorfer will be announced by Mr. Justice White.

The District Court in this case remanded to the State Court a diversity case that had been removed from the State Court.

The Court of Appeals for the Sixth Circuit held that that decision to remand was not reviewable by mandamus.

In the circumstances of this case and for the reasons that we stated in the opinion, that judgment was wrong in our opinion and is reversed.

Mr. Justice Rehnquist has filed a dissenting opinion and the Chief Justice and Mr. Justice Stewart have joined in that opinions.

Mr. Justice Stevens took no part in the consideration or decision of the case.

Thank you, Mr. Justice White.