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Stephen Masciocchi and Jessica Smith Stephen Masciocchi and Jessica Smith

10th Circuit SpotlightIn Board of County Commissioners of Boulder County v. Suncor Energy (U.S.A.), No. 19-1330, 2020 WL 3777996 (10th Cir. July 7, 2020), the Tenth Circuit joined the majority of circuit courts that have addressed the “except” clause in 28 U.S.C. §1447(d). The appellate court confirmed that an appeal of a district court’s remand order under U.S.C. §1447(d) is limited to removal issues under 28 U.S.C. §1442 and §1443, not plenary review of all issues addressed in the remand order.

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