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MIR v. FOSBURG

No. 78-1103.

646 F.2d 342 (1980)

Jehan Zeb MIR, Plaintiff/Appellant, v. Richard G. FOSBURG, Perry Ah-Tye, and Horrace Warden, Defendants/Appellees.

United States Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing July 24, 1980.

Attorney(s) appearing for the Case

Allen M. Gruber, Freeman & Gruber, San Diego, Cal., for plaintiff-appellant.

John Neece, Asst. U. S. Atty., San Diego, Cal., argued for defendants-appellees; Donald F. Shanahan, Asst. U. S. Atty., San Diego, Cal., on brief.

Before CHAMBERS, WALLACE and KENNEDY, Circuit Judges.

KENNEDY, Circuit Judge:

When the confusion engendered by both parties' presentation is eliminated, this appeal presents two principal issues: (a) whether a district court has subject matter jurisdiction over a suit commenced in state court and removed by federal defendants pursuant to 28 U.S.C. § 1442a,1 it being conceded the action would not lie in the federal courts as an original matter since the pleadings alleged only state grounds...

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