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AMERICAN POLICYHOLDERS INS. v. NYACOL PRODUCTS

No. 92-1949.

989 F.2d 1256 (1993)

AMERICAN POLICYHOLDERS INSURANCE COMPANY, Plaintiff, Appellant, v. NYACOL PRODUCTS, INC., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided February 24, 1993.

Order Denying Rehearing April 28, 1993.

Attorney(s) appearing for the Case

Jennifer S.D. Roberts, with whom Rackemann, Sawyer & Brewster, P.C. Boston, MA, was on brief, for plaintiff, appellant.

Catherine M. Flanagan, Atty., Dept. of Justice, Environment & Natural Resources Div., with whom Vicki A. O'Meara, Acting Asst. Atty. Gen., and David C. Shilton, Atty., Environment & Natural Resources Div., Washington, DC, were on brief, for Julie Belaga, Regional Adm'r, U.S. E.P.A., defendants, appellees.

Before SELYA, Circuit Judge, COFFIN, Senior Circuit Judge, and STAHL, Circuit Judge.

SELYA, Circuit Judge.

This appeal, which arises out of an insurance company's efforts to secure a binding declaration of its rights and responsibilities under an insurance contract, poses an intriguing question: does the "officer removal" statute, 28 U.S.C. § 1442(a)(1), permit a federal official, sued only in her representative capacity, to remove an action to federal district court? Because we think that the statute does not confer such a right, and because...

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