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GREENBERG v. VETERAN

No. 173, Docket 89-7476.

889 F.2d 418 (1989)

In the Matter of the Application of Myles GREENBERG and Frances M. Mulligan, Petitioners-Appellees, v. Anthony F. VETERAN, Supervisor and Susan Tolchin, Town Clerk, Respondents-Appellants.

United States Court of Appeals, Second Circuit.

Decided November 7, 1989.

Attorney(s) appearing for the Case

Jonathan Lovett (Lovett & Gould, White Plains, N.Y. of counsel), for petitioners-appellees.

Paul Agresta, Town Atty., Town of Greenburgh, Elmsford, N.Y., for respondents-appellants.

Before OAKES, Chief Judge, and LUMBARD and PIERCE, Circuit Judges.

LUMBARD, Circuit Judge:

May a town official who is sued in state court for acting, as he believes, to prevent the violation of rights guaranteed by the federal constitution remove such a suit to federal court under the "refusal clause" of the civil rights removal statute?

We think he may. Anthony F. Veteran and Susan Tolchin, the Town Supervisor and Town Clerk,1 respectively, of Greenburgh...

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