CUOMO v. CRANE CO.

Docket No. 13-4510-cv.

771 F.3d 113 (2014)

Susan CUOMO, individually and as administratix for the Estate of Joseph Cuomo, Plaintiff-Appellee, v. CRANE CO., Defendant-Appellant, Air & Liquid Systems Corporation, as successor by merger to Buffalo Pumps, Inc., Atwood & Morill Company, Aurora Pump Company, Blackmer, BW/IP, Inc., and its wholly owned subsidiaries, Byron Jackson Pumps, CBS Corporation, successor by merger to CBS Corporation, FKA, Viacom Inc., FKA Westinghouse Electric Corporation, Cleaver Brooks Company, Inc., FMC Corporation, America Standard Inc., Foster Wheeler, L.L.C., Gardner Denver, Inc., General Electric Company, Goulds Pumps, Inc., IMO Industries, Inc., Ingersoll-Rand Company, Owens-Illinois, Incorporated, Rapid-American Corporation, Trane U.S. Inc., FKA American Standard Inc., U.S. Rubber Company (Uniroyal), Union Carbide Corporation, Warren Pumps, L.L.C., Weinman Pump & Supply Co., Yarway Corporation, Amchem Products, Inc., now known as Rhone Poulenc AG Company now known as Bayer Conscience, Inc., Defendants.

United States Court of Appeals, Second Circuit.

Decided: November 13, 2014.


Attorney(s) appearing for the Case

Alani Golanski , Weitz & Luxenberg, P.C., New York, N.Y., for Plaintiff-Appellee Susan Cuomo.

Michael James Ross ( Angela DiGiglio and Nicholas P. Vari , on the brief), K & L Gates LLP, New York, N.Y., for Defendant-Appellant Crane Co.

Before LEVAL, LYNCH, and DRONEY, Circuit Judges.


GERARD E. LYNCH, Circuit Judge:

After defendant-appellant Crane Co. removed plaintiff-appellee Susan Cuomo's failure-to-warn suit on the basis of the federal officer removal statute, 28 U.S.C. § 1442(a)(1), the U.S. District Court for the Southern District of New York (Shira A. Scheindlin, J.) granted Cuomo's motion to remand the case to state court. Reviewing the evidence submitted by both parties, the court concluded that because the evidence did not...

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