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POSS v. LIEBERMAN

No. 126, Docket 26692.

299 F.2d 358 (1962)

Jacob M. POSS, Plaintiff-Appellant, v. Jerome LIEBERMAN, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided February 13, 1962.

Attorney(s) appearing for the Case

Jacob M. Poss, New York City, pro se.

Malvern Hill, Jr., Asst. U. S. Atty., E. D. New York, Brooklyn, N. Y. (Joseph P. Hoey, U. S. Atty., E. D. New York, Brooklyn, N. Y., on the brief), for defendant-appellee.

Before WATERMAN, SMITH and MARSHALL, Circuit Judges.

SMITH, Circuit Judge.

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 appellant's 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...

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