U.S. Court of Appeals for the Ninth Circuit, 2010

O'Dea v. BNSF Railway Co.

U.S. Court of Appeals for the Ninth Circuit · Decided January 20, 2010 · Kleinfeld, Settle, Tallman

362 F. App'x 748

Counsel

Brian C. Bramblett, Esquire, Terry Nicholas Trieweiler, Trieweiler Law Firm, Whitefish, MT, for Plaintiff-Appellee., Jeff Hedger, Hedger Friend PLLC, Billings, MT, Bryan P. Neal, Stephen F. Fink, Thompson & Knight, LLP, Dallas, TX, for Defendant-Appellant., Marieke Beck, Montana Department of Labor & Industry, Helena, MT, for Defendants.

Opinion of the Court

ORDER **

We lack jurisdiction over an appeal from a remand order entered due to a lack of subject matter jurisdiction. See 28 U.S.C. § 1447; Carlsbad Tech. Inc. v. HIF Bio, Inc., — U.S. -, 129 S.Ct. 1862, 1865-66, 173 L.Ed.2d 843 (2009). Costs on appeal are awarded to Appellee. See Fed. R.App. P. 39.

DISMISSED.

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.

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