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Monday, February 25, 2008

What is a person? Chemical companies were held to persons under 28 U.S.C. 1442(a)(1), allowing them to remove a case to federal action. The chemical companies were found to have acted under a federal officer performing acts under color of federal office with respect to Agent Orange.

The Second Circuit reversed the decision of the District Court finding no federal jurisdiction. The decision in Isaacson v. Dow Chemical Co. can be found here.

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