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514 CITIZENS AND TAXPAYERS OF TOWN OF EPPING, N. H. v. FECTEAU

Civ. A. No. 2723.

269 F.Supp. 769 (1966)

514 CITIZENS AND TAXPAYERS OF the TOWN OF EPPING, NEW HAMPSHIRE, and the Epping Friendship League v. Thomas W. FECTEAU, Parlmont Realty Trust, E. F. Bagley, H. J. O'Malley, and Laurence F. O'Brien.

United States District Court D. New Hampshire.

November 21, 1966.

Attorney(s) appearing for the Case

Shute & Engel, David C. Engel, Exeter, N. H., for plaintiff.

Alfred Catalfo, Jr., Dover, N. H., for defendant Thomas W. Fecteau.

Louis M. Janelle, U. S. Atty., Concord, N. H., for defendants E. F. Bagley, H. J. O'Malley and Laurence F. O'Brien.

ORDER ON PETITIONEES' REQUEST FOR DENIAL OF PETITIONERS' PETITION FOR REMOVAL

CONNOR, District Judge.

This case has come to this court on a petition for removal by certain federal officers pursuant to 28 U.S.C.A. § 1442 (a) (1).

Petitionees object to the removal of this case from the state court on the grounds that E. F. Bagley, H. J. O'Malley and Laurence F. O'Brien, federal postal officers, were not acting under color of their offices when...

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