[Download] "Poss v. Lieberman" by United States Court Of Appeals Second Circuit " eBook PDF Kindle ePub Free

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eBook details

• Title: Poss v. Lieberman
• Author : United States Court Of Appeals Second Circuit
• Release Date : January 13, 1962
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 54 KB

Description

This is an appeal from an order and a judgment of the United States District Court for the Eastern District of New York, Joseph C. Zavatt, District Judge, denying appellants motion to remand the case, a libel action against a claims representative of the United States Department of Health, Education and Welfare, to the state court. The appeal from the order is on the ground that the facts necessary for removal under 28 U.S.C. § 1442(a), which provides for removal in a civil action against "any officer of the United States * * * for any act under color of such office," did not appear in the complaint. The appeal from the judgment is from an order granting appellees motion for summary judgment in his favor based upon an absolute and unqualified privilege of a federal officer. The judgment of dismissal is final and appealable. The appeal, attacking the existence of federal jurisdiction in the District Court, raises before us the propriety of the denial of the motion to remand, whether or not this is considered a final order. We hold the case properly removed, and that absolute privilege existed under the circumstances of this case, and affirm the judgment.

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