Burnett v. Birmingham Board Of Education

861 F.Supp. 1036 (N.D. Ala. 1994)

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Nature of the Case

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Facts

Burnett (P) is an employee of Birmingham (D). P filed a state court complaint for a writ of mandamus seeking to force D to pay P in accordance with the scale allegedly called for in her job classification. P filed the action in state court but D removed to federal court under 1331 and 1343 upon the allegation that a federal question under 1983 was presented. P filed a timely motion to remand under 1441(c) asserting that the state law claim predominates the entire matter and it should be remanded.