MEMORANDUM OPINION AND ORDER
SQUATRITO, District Judge.
The United States Department of Defense, a non-party to this action, removed this case to federal court on April 20, 1995, upon its filing of a "Motion for Removal and to Substitute United States of America for Defendant as Real Party in Interest." The "motion" rests the basis for removal on 28 U.S.C. § 1442(a)(1), which provides in relevant part:
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