Legal Opinion
State of North Carolina v. Lemans L. Ivory
Court of Appeals for the Fourth Circuit
Decided July 2, 1990No. 89-5123PublishedCited by 48 opinions
1Opinion of the Court
WILKINSON, Circuit Judge:
The question before us is whether a United States Marine may remove to federal court, pursuant to 28 U.S.C. § 1442(a)(1), his state criminal prosecution arising out of an accident which occurred while he was driving in a military convoy. .We agree with North Carolina’s contention that Ivory’s ground for removal was insufficient under Mesa v. California, 489 U.S. 121, 109 S.Ct. 959, 103 L.Ed.2d 99 (1989), because he did not aver a federal defense. We reverse the judgment of the district court and direct it to remand this case for further proceedings in the North…
2Cases cited17 opinions
- Imbler v. PachtmanSupreme Court of the United States · 1976
- Newman-Green, Inc. v. Alfonzo-LarrainSupreme Court of the United States · 1989
- American Fire & Casualty Co. v. FinnSupreme Court of the United States · 1951
- Willingham v. MorganSupreme Court of the United States · 1969
- Mesa v. CaliforniaSupreme Court of the United States · 1989
12 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Foster v. Chesapeake Insurance CompanyCourt of Appeals for the Third Circuit · 1991
- Harry Allen Plyler v. Michael W. Moore, Director, South Carolina Department of CorrectionsCourt of Appeals for the Fourth Circuit · 1997
- Connie JAMISON, Plaintiff-Appellee, v. Jerry WILEY, Defendant-Appellant, United States of America, Defendant-AppelleeCourt of Appeals for the Fourth Circuit · 1994
- Ryan v. Dow Chemical Co.District Court, E.D. New York · 1992
- Western Securities Company, a Subsidiary of Universal Mortgage Corporation v. Edward J. Derwinski, Secretary of Veterans AffairsCourt of Appeals for the Seventh Circuit · 1991
43 more not listed; retrieve them via the Exa API.