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KOLIBASH v. COMMITTEE ON LEGAL ETHICS OF W.VA. BAR

No. 88-3871.

872 F.2d 571 (1989)

William KOLIBASH, Member of the West Virginia State Bar, (Case No. 1337 before the Committee on Legal Ethics of the West Virginia State Bar), Appellant, v. COMMITTEE ON LEGAL ETHICS OF the WEST VIRGINIA BAR, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 7, 1989.

Rehearing and Rehearing Denied May 10, 1989.

Attorney(s) appearing for the Case

David Alan Faber, Sp. Asst. U.S. Atty. (Spilman, Thomas, Battle & Klostermeyer, Charleston, W.Va., on brief) for appellant.

David Paul Cleek, Sp. Counsel (Jack M. Marden, Bar Counsel, West Virginia State Bar, Charleston, W.Va., on brief) for appellee.

Before WILKINSON, Circuit Judge, and HOWARD, United States District Judge for the Eastern District of North Carolina, sitting by designation, and MERHIGE, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

Rehearing and Rehearing In Banc Denied May 10, 1989.

CORRECTED OPINION

WILKINSON, Circuit Judge:

This case concerns the question of whether a West Virginia State Bar Association disciplinary proceeding brought against the United States Attorney for the Northern District of West Virginia may be removed to federal district court pursuant to the federal officer removal statute, 28 U.S.C. § 1442. We hold that removal of this action satisfied the...

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