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GARDEN HOMES, INC. v. MASON

Civ. A. No. 56-466.

143 F.Supp. 144 (1956)

GARDEN HOMES, Inc. v. Norman P. MASON, as he is Commissioner of Federal Housing Administration, and Worcester Federal Savings and Loan Association.

United States District Court D. Massachusetts.

June 26, 1956.

Attorney(s) appearing for the Case

Angus M. MacNeil, Somerville, Mass., for plaintiff.

Anthony Julian, U. S. Atty., Daniel Needham, Jr., Asst. U. S. Atty., Boston, Mass., for defendant Norman P. Mason.

George C. Caner, Jr., Ropes, Gray, Best, Coolidge & Rugg, Boston, Mass., for defendant Worcester Federal Savings & Loan Ass'n.

ALDRICH, District Judge.

This motion to remand to the state court raises only one matter of any consequence. There is no doubt in my mind but that the Commissioner of Federal Housing Administration may, under the provisions of 28 U.S.C. § 1442 (a) (1), remove an action against him to this court, and this irrespective of the absence of diversity of citizenship, or regardless of non-joinder of a co-defendant in the...

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