Legal Opinion

Adams v. Western Steel Buildings, Inc.

District Court, D. Colorado

Decided January 7, 1969No. Civ. A. C-1161PublishedCited by 19 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

ARRAJ, Chief Judge.

This matter is before the Court on the motion of the defendants and third party plaintiffs (hereinafter referred to simply as the third party plaintiffs) under 28 U.S.C. § 1447(c) to remand the action to the District Court for the County of Morgan. Third party defendants Joseph F. Herrick, Jr., Wallace Ashby, W. V. Hukill and Alfred D. Edgar sought removal under 28 U.S.C. § 1442(a) (1) relying on their uncontroverted status as federal agents being sued for acts done under color of their official positions. The propriety of removal is challenged…

2Cases cited10 opinions

  1. Powers v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1898
  2. Fletcher v. HamletSupreme Court of the United States · 1886
  3. O. W. Weeks v. The Fidelity and Casualty Company of New YorkCourt of Appeals for the Fifth Circuit · 1955
  4. McLeod v. Cities Service Gas Co.Court of Appeals for the Tenth Circuit · 1956
  5. Henderson v. Midwest Refining Co.Court of Appeals for the Tenth Circuit · 1930

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3Cited by19 opinions

  1. Arnold London v. United States Fire Insurance CompanyCourt of Appeals for the Fifth Circuit · 1976
  2. Gorman v. Abbott LaboratoriesDistrict Court, D. Rhode Island · 1986
  3. Perrin v. WalkerDistrict Court, E.D. Illinois · 1974
  4. Friedrich v. Whittaker Corp.District Court, S.D. Texas · 1979
  5. Dawson v. Orkin Exterminating Co., Inc.District Court, D. Colorado · 1990

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