[NOT FOR PUBLICATION--NOT TO BE CITED AS PRECEDENT]

United States Court of Appeals For the First Circuit

No. 97-1481

JOHN OTTENBERG AND PAUL E. SOMMER,

Plaintiffs, Appellees,

v.

VANGUARD FIDUCIARY TRUST, ET AL.,

Defendants, Appellees.

SHANTEE MAHARAJ,

Defendant, Appellant.

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Richard G. Stearns, U.S. District Judge]

Before

Selya, Circuit Judge, Coffin, Senior Circuit Judge, and Boudin, Circuit Judge.

Shantee Maharaj on brief pro se.

June 12, 1998

Per Curiam. As we stated in our order of November 17, 1997, because the district court remanded this case due to defects in the removal procedure and/or lack of subject matter jurisdiction, we do not have jurisdiction to review that determination, whether or not erroneous, on appeal or via mandamus. See Thermtron Prods., Inc. v. Hermansdorfer,

(1976); Gravitt v. Southwestern Bell Tel. Co.,

(1977) (per curiam); 28 U.S.C. 1447(c)- (d). While we do have jurisdiction to review the order of the district court requiring appellant to pay the receiver the attorney's fees incurred as a result of the removal, seeBallard's Serv. Ctr., Inc. v. Transue,

(1st Cir. 1989) (per curiam); see also 28 U.S.C. 1447(c), appellant has failed to demonstrate that the district court abused its discretion in making this award. Therefore, the order of the district court directing appellant to pay $1,968.75 in attorney's fees is affirmed.