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STATE OF GA. v. WESTLAKE

No. 5:96-CR-10(DF).

929 F.Supp. 1516 (1996)

STATE OF GEORGIA v. Thomas M. WESTLAKE, Jr., Defendant.

United States District Court, M.D. Georgia, Macon Division.

June 27, 1996.

Attorney(s) appearing for the Case

Harry J. Fox, Jr., Macon, GA, for defendant.

Edward Lukemire, Perry, GA, for U.S.

FITZPATRICK, District Judge.

Before the court is the State of Georgia's motion to remand this case back to the State Court of Houston County. Defendant removed the case on March 13, 1996, under the provisions of 28 U.S.C. § 1442a which allows for the removal of certain state criminal prosecutions against members of the armed forces. The State contends that removal under § 1442a was improper because Defendant has not presented a federal defense to the state...

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