DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

061776P.pdf   02/28/2007  Michael S. Dahl  v.  R. J. Reynolds
   U.S. Court of Appeals Case No:  06-1776
   U.S. District Court for the District of Minnesota - Minneapolis   
[PUBLISHED] [Murphy, author, with Chief Judge Loken and John R. Gibson, Circuit Judges] Civil Case - removal jurisdiction. State law case challenging the marketing and selling of light cigarettes as a violation of state consumer protection statutes and common law fraud was removed to federal court after thirty-day statutory period. District court's denial of motion to remand was error. Issuance of circuit decision holding removal jurisdiction based on federal officer jurisdiction did not constitute an "amended pleading, motion, order or other paper" within meaning of section 1446(b) to restart time for removing state case to federal court. Also, it was ascertainable that federal officer jurisdiction could be a basis for removal within initial 30-day period for removal. Thus district court lacked jurisdiction over action because removal was untimely. Case is remanded to state court.