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OREGON BUREAU OF LABOR v. U.S. WEST COMMUNICATIONS

No. 01-35247.

288 F.3d 414 (2002)

OREGON BUREAU OF LABOR AND INDUSTRIES, ex rel. Darryl RICHARDSON, Plaintiff-Appellant, v. U.S. WEST COMMUNICATIONS, INC., a Colorado Corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 26, 2002.

Attorney(s) appearing for the Case

Richard Wasserman, Assistant Attorney General, Salem, OR, for the plaintiff-appellant.

Robert Joga, Denver, CO, and David P.R. Symes, Perkins Coie LLP, Portland, OR, for the defendant-appellee.

Before BRUNETTI, LEAVY, and T.G. NELSON, Circuit Judges.

OPINION

T.G. NELSON, Circuit Judge.

The Oregon Bureau of Labor and Industries (BOLI) appeals the district court's denial of BOLI's motion to remand to BOLI an employment discrimination case that U.S. West Communications, Inc. (U.S.West), removed to the district court from proceedings at BOLI. We reverse and remand because 28 U.S.C. § 1441(a) authorizes removal only from a "state court," and BOLI is not a "court."

I. BACKGROUND

Darryl...

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