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COM. OF PA. v. NEWCOMER

No. 79-2356.

618 F.2d 246 (1980)

COMMONWEALTH OF PENNSYLVANIA, Petitioner, v. Honorable Clarence C. NEWCOMER, UNITED STATES District Judge for the Eastern District of Pennsylvania, Nominal Respondent, United States Postal Service, Respondent.

United States Court of Appeals, Third Circuit.

Decided March 31, 1980.

Attorney(s) appearing for the Case

Michael F. Henry (argued), Suzanne McDonough, Steven H. Goldblatt, Edward G. Rendell, Philadelphia, Pa., for petitioner.

Edward S. G. Dennis, Jr., Asst. U.S. Atty. (argued), Peter F. Vaira, U.S. Atty., Walter S. Batty, Jr., Asst. U.S. Atty., Philadelphia, Pa., for respondent.

Before ALDISERT, HUNTER and HIGGINBOTHAM, Circuit Judges.

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge.

We are presented by the Commonwealth of Pennsylvania with a petition for a writ of mandamus to compel United States District Judge Clarence Newcomer to remand to state court a state criminal prosecution against a federal postal employee. The case was removed to federal district court by the defendant pursuant to 28 U.S.C. § 1442(a)(1) which provides for removal of cases against "[a]ny officer of...

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