Legal Opinion

In the Matter of the Application of Myles Greenberg and Frances M. Mulligan v. Anthony F. Veteran, Supervisor and Susan Tolchin, Town Clerk

Court of Appeals for the Second Circuit

Decided November 7, 1989No. 173, Docket 89-7476PublishedCited by 21 opinions

1Opinion of the Court

LUMBARD, Circuit Judge:

May a town official who is sued in state court for acting, as he believes, to prevent the violation of rights guaranteed by the federal constitution remove such a suit to federal court under the “refusal clause” of the civil rights removal statute?

We think he may. Anthony F. Veteran and Susan Tolchin, the Town Supervisor and Town Clerk, 1 respectively, of Green-burgh, New York, appeal from an order, issued sua sponte by the District Court for the Southern District, remanding the case to the New York Supreme Court, West-chester County. Appellees Myles Green-berg and…

2Cases cited7 opinions

  1. Railroad Comm'n of Tex. v. Pullman Co.Supreme Court of the United States · 1941
  2. Burford v. Sun Oil Co.Supreme Court of the United States · 1943
  3. White v. WellingtonCourt of Appeals for the Second Circuit · 1980
  4. Cavanagh v. BrockDistrict Court, E.D. North Carolina · 1983
  5. Bridgeport Education Ass'n v. ZinnerDistrict Court, D. Connecticut · 1976

2 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Pennsylvania v. Brown-BeyCourt of Appeals for the Third Circuit · 2016
  2. Stephenson v. BartlettDistrict Court, E.D. North Carolina · 2001
  3. Brown v. FloridaDistrict Court, S.D. Florida · 2002
  4. Common Cause v. LewisDistrict Court, E.D. North Carolina · 2019
  5. Gallagher v. DonaldDistrict Court, S.D. New York · 1992

16 more not listed; retrieve them via the Exa API.

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