Court of Appeals for the Ninth Circuit August 31, 1999, 98-35116 (Laurie Lyons v. Alaska Teamsters Employer Service Corporation Gerald Hood)

HUG, Chief Judge:

At issue in this appeal is whether 28 U.S.C. § 1447(d), which provides that an order remanding a case to state court for lack of subject matter jurisdiction is unre-viewable on appeal, bars our review of the district court’s remand based on a finding that the Employment Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C.