Johnson v. Showers

FAGG, Circuit Judge.

The question presented in this case is whether the district court properly taxed costs of removal proceedings to the government after the government removed the case from state to federal court under 28 U.S.C. § 1442(a)(1) and then succeeded in having the case against it dismissed on federal jurisdictional grounds. Because we disagree with the district court’s determination that the case was removed improvidently, we reverse the taxation of costs against the government.

Earnest and Sheranne Johnson sued R.G. Showers in state court for Showers’ negligent failure to obtain…