Health Care v. Istvan ( 2000 )

Filed: January 14, 2000
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-2244
(CA-99-2304-PJM)
Health Care and Retirement Corporation, etc.,
Plaintiff - Appellee,
versus
Erma J. Istvan,
Defendant - Appellant.
O R D E R
The court amends its opinion filed December 21, 1999, as
follows:
On the cover sheet, section 3 -- the spelling of Appellant’s
name is corrected to read “Erma J. Istvan.”
For the Court - By Direction
/s/ Patricia S. Connor
Clerk
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-2244
HEALTH CARE AND RETIREMENT CORPORATION OF
AMERICA, d/b/a HCR-Manor Care Health Services,
Plaintiff - Appellee,
versus
ERMA J. ISTVAN,
Defendant - Appellant,
and
DELLA SHUMAKER, HCR-Manor Care Health Services,
Defendant.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Peter J. Messitte, District Judge. (CA-
99-2304-PJM)
Submitted: December 16, 1999 Decided: December 21, 1999
Before MURNAGHAN and MOTZ, Circuit Judges, and BUTZNER, Senior Cir-
cuit Judge.
Dismissed by unpublished per curiam opinion.
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Irma J. Istvan, Appellant Pro Se. John M. G. Murphy, OBER, KALER,
GRIMES & SHRIVER, Baltimore, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Erma Istvan appeals the district court’s order (1) finding
that it lacked subject matter jurisdiction over this action raising
the state law claims of breach of contract, quantum meruit, and
negligence; and (2) remanding the case to the Maryland state court
from which it was improperly removed. Under 28 U.S.C. § 1447(d)
19994), an order remanding a case to the state court from which it
was removed is not reviewable on appeal except in circumstances not
applicable here. Accordingly, we dismiss the appeal for want of
jurisdiction. We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials before
us and argument would not aid the decisional process.
DISMISSED
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