Legal Opinion
American Policyholders Insurance Company v. Nyacol Products, Inc.
Court of Appeals for the First Circuit
Decided April 28, 1993No. 92-1949PublishedCited by 92 opinions
1Opinion of the Court
SELYA, Circuit Judge.
This appeal, which arises out of an insurance company’s efforts to secure a binding declaration of its rights and responsibilities under an insurance contract, poses an intriguing question: does the “officer removal” statute, 28 U.S.C. § 1442(a)(1), permit a federal official, sued only in her representative capacity, to remove an action to federal district court? Because we think that the statute does not confer such a right, and because there is no other cognizable basis for federal jurisdiction, we return the case to the district court with instructions that it be…
2Cases cited45 opinions
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Kentucky v. GrahamSupreme Court of the United States · 1985
- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
- Insurance Corp. of Ireland v. Compagnie Des Bauxites De GuineeSupreme Court of the United States · 1982
- Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
40 more not listed; retrieve them via the Exa API.
3Cited by92 opinions
- Carmen Nereida-Gonzalez v. Cirilo Tirado-DelgadoCourt of Appeals for the First Circuit · 1993
- Biw Deceived v. Local S6, Industrial Union of Marine and Shipbuilding Workers of America, Iamaw District Lodge 4Court of Appeals for the First Circuit · 1997
- United States v. Richard A. HornCourt of Appeals for the First Circuit · 1994
- National Association of Social Workers v. John B. HarwoodCourt of Appeals for the First Circuit · 1995
- Liberty Mutual Insurance Company v. Ward Trucking Corp.Court of Appeals for the Third Circuit · 1995
87 more not listed; retrieve them via the Exa API.