101244P.pdf   05/23/2011  Public School Retirement  v.  State Street Bank & Trust Co
   U.S. Court of Appeals Case No:  10-1244
                          and No:  10-2674
   U.S. District Court for the Western District of Missouri - Jefferson City   
   [PUBLISHED] [Melloy, Author, with Murphy and Bye, Circuit Judges]
   Civil case - civil procedure. A remand order based on a contractual
   forum-selection clause is not a remand based upon a procedural defect or
   lack of subject matter, and review of such an order is not prohibited by 28
   U.S.C. Sec. 1447(d); on the whole, the Retirement Systems lack the type
   of independence from the State that a political subdivision typically
   possesses; further, a money judgment in favor of the Retirement Systems
   would benefit the State; taken together, these two factors show that the
   real party in interest in the suit is the State of Missouri, and the
   Retirement Systems are merely arms of the State; as a result, the
   Retirement Systems are not citizens for purposes of 28 U.S.C. Sec.
   1332(1)(1), which means defendant has failed to prove by a
   preponderance of the evidence that the district court had original
   jurisdiction over the case; the remand order to the state court is affirmed.
   Judge Bye, dissenting.