Northeastern Rural Electric Membership Corporation v. Wabash Valley Power Association

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
April 29, 2013
Before
MICHAEL S. KANNE, Circuit Judge
JOHN D. TINDER, Circuit Judge
DAVID F. HAMILTON, Circuit Judge
No. 12-2037
NORTHEASTERN RURAL ELECTRIC
MEMBERSHIP CORPORATION,
Plaintiff-Appellant,
v.
WABASH VALLEY POWER
ASSOCIATION,
Defendant-Appellee.
Appeal from the United States District Court
for the Southern District of Indiana,
Indianapolis Division.
No. 1:11-cv-00144-SEB-DML
Sarah Evans Barker,
Judge.
O R D E R
On consideration of the petition for rehearing en banc, filed on March 8, 2013 , all judges
on the original panel have voted to deny the petition for panel rehearing, and no judge in active
service has requested a vote for rehearing en banc.
Accordingly, the petition for rehearing en banc is DENIED.
On page three of the slip opinion issued February 22, 2013, the third sentence of the new,
full paragraph is hereby AMENDED as follows:
The denial of a motion to remand ordinarily cannot be appealed provide a basis for
appellate jurisdiction before a final judgment, see 28 U.S.C. § 1447(d)1292, but here we
have jurisdiction over the denial of the motion to remand because it is “inextricably
intertwined” with the appealable preliminary injunction.
As amended, the sentence shall now read:
The denial of a motion to remand ordinarily cannot provide a basis for appellate
jurisdiction before a final judgment, see 28 U.S.C. § 1292, but here we have jurisdiction
over the denial of the motion to remand because it is “inextricably intertwined” with the
appealable preliminary injunction.

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