DURHAM v. LOCKHEED MARTIN CORP.

No. 04-15243.

445 F.3d 1247 (2006)

Gerald DURHAM, Plaintiff-Appellee, v. LOCKHEED MARTIN CORPORATION, Defendant-Appellant, and 10,000 Holdings, Inc.; 4520 Corp., Inc.; et al., Defendants, v. Kearfott Guidance and Navigation Corporation, Third-party-Defendant.

United States Court of Appeals, Ninth Circuit.

Filed April 26, 2006.


Attorney(s) appearing for the Case

Robert W. Loewen, Sarah M. Schlosser, Andrea M. Neuman, Gibson, Dunn & Crutcher, Irvine, CA; Charles H. Haake, Gibson, Dunn & Crutcher, Washington, DC; Steven E. Knott, Guy P. Glazier, Knott & Glazier LLP, Los Angeles, CA, for the defendant-appellant.

Gilbert L. Purcell, Alan R. Brayton, Lloyd F. Leroy, David L. Fiol, Brayton Purcell, Novato, CA, for the plaintiff-appellee.

Before KOZINSKI and FERNANDEZ, Circuit Judges, and TERRY J. HATTER, JR., District Judge.


KOZINSKI, Circuit Judge.

A defendant has thirty days to remove a case on diversity or federal question grounds. We consider whether the thirty-day clock is reset if the defendant later discovers the case is also removable on federal officer grounds.

Facts

Plaintiff Gerald Durham suffers from lung cancer, which he alleges was caused by exposure to asbestos during his thirty-year service as an electronics technician for the United States Air Force...

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