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CHAVEZ v. SINGER

No. 81-1398.

698 F.2d 420 (1983)

Cristobal J. CHAVEZ, Plaintiff-Appellee, v. Lawrence P. SINGER, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied May 19, 1983.

Attorney(s) appearing for the Case

Peter V. Culbert of Jones, Gallegos, Snead & Wertheim, P.A., Santa Fe, N.M., for plaintiff-appellee.

John F. Cordes, Atty., Dept. of Justice, Washington, D.C. (Don J. Svet, Acting U.S. Atty., Albuquerque, N.M., J. Paul McGrath, Asst. Atty. Gen. and Barbara L. Herwig, Dept. of Justice, Washington, D.C., with him on briefs), for defendant-appellant.

Before SETH, HOLLOWAY and BREITENSTEIN, Circuit Judges.

BREITENSTEIN, Circuit Judge.

A federal employee sued his immediate superior in state court for negligence. The case was removed to federal court which has jurisdiction under 28 U.S.C. § 1442(a)(1). Defendant pleaded absolute immunity, and appeals from a partial summary judgment denying that defense. We affirm.

Plaintiff-appellee Chavez was a firefighter employed by the United States Department of Energy, DOE...

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