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PRICE v. JOHNSON

No. 09-10389.

600 F.3d 460 (2010)

John Wiley PRICE, Plaintiff-Appellee, v. Eddie Bernice JOHNSON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 11, 2010.

Attorney(s) appearing for the Case

Mark D. Johnson, Law Offices of Mark D. Johnson, Garland, TX, for Price.

Kerry William Kircher, Washington, DC, for Johnson.

Before REAVLEY, DAVIS and STEWART, Circuit Judges.

REAVLEY, Circuit Judge:

This case arises out of a dispute between two Texas public officials. Pursuant to state procedural rules, Appellee John Wiley Price, a Dallas County Commissioner, sought an order in state court to take an investigatory deposition of Appellant Congresswoman Eddie Bernice Johnson. Rep. Johnson removed the matter to federal court under the federal officer removal statute, 28 U.S.C. § 1442(a)(1), but the district court remanded it to state...

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