JOHNSON v. SHOWERS

No. 83-2416.

747 F.2d 1228 (1984)

Earnest C. JOHNSON and Sheranne J. Johnson, Appellees, v. R.G. SHOWERS, Appellee, v. The NATIONAL FLOOD INSURANCE PROGRAM, a Department of the Federal Emergency Management Agency, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided November 8, 1984.


Attorney(s) appearing for the Case

J. Paul McGrath, Asst. Atty. Gen., Washington, D.C., Robert C. Ulrich, U.S. Atty., Vermillion, S.D., Robert E. Kopp and Douglas Letter, Dept. of Justice, Washington, D.C., for appellant.

No brief was filed on behalf of appellees.

Before BRIGHT, John R. GIBSON and FAGG, Circuit Judges.


FAGG, Circuit Judge.

The question presented in this case is whether the district court properly taxed costs of removal proceedings to the government after the government removed the case from state to federal court under 28 U.S.C. § 1442(a)(1) and then succeeded in having the case against it dismissed on federal jurisdictional grounds. Because we disagree with the district court's determination that the case was removed improvidently, we reverse the taxation...

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