Garden Homes, Inc. v. Mason

ALDRICH, District Judge.

This motion to remand to the state court raises only one matter of any consequence. There is no doubt in my mind but that the Commissioner of Federal Housing Administration may, under the provisions of 28 U.S.C. § 1442 (a) (1), remove an action against him to this court, and this irrespective of the absence of diversity of citizenship, or regardless of non-joinder of a co-defendant in the petition, or of the existence of an ad damnum in excess of $10,000. The troublesome question is whether, when he failed to remove the action originally, and, instead, merely filed a…