Gianella v. Keels

OPINION

ATKINS, District Judge.

A Petition for Rehearing brings before this Court a question of first impression in this District. Whether or not the United States Government can remove a state court action under Title 28, U.S.C., § 2679(d) on the basis of a counterclaim filed in the action sets the limits of analysis.

This question arises in context of the following facts. A United States postal employee commenced an action in a state circuit court wherein he sought the recovery of money damages for injuries he sustained as the result of the defendant’s alleged negligence. The defendant, a…