WHITAKER v. CARNEY

No. 84-1685.

778 F.2d 216 (1985)

Dean WHITAKER, Plaintiff-Appellee, v. Nancy C. CARNEY, Director of Employee Relations for the City of Garland, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 10, 1985.


Attorney(s) appearing for the Case

Charles M. Hinton, Jr., City Atty., Garland, Tex., for defendants-appellants.

True & McLain, Ronald E. Deutsch, Daniel B. Jones, Dallas, Tex., for plaintiff-appellee.

Before WISDOM, GARWOOD and W. EUGENE DAVIS, Circuit Judges.


GARWOOD, Circuit Judge:

This appeal requires that we determine whether the federal civil rights removal statute, 28 U.S.C. § 1443(2), was appropriately invoked. Appellants, the City of Garland, Texas (the "City"), and certain of its officials, removed appellee's state mandamus action against appellants, in which appellee sought to enforce a request for access to certain personnel records of the City, under the Texas Open Records Act. Appellants in the removal...

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