Plaintiff-bank filed suit in New York state court to foreclose on an apartment building owned by Defendant. Defendant filed a motion to remove the case to the U.S. District Court for the Eastern District of New York under 28 U.S.C. 1443(1), alleging that Plaintiff had refused to renegotiate the terms of the mortgage for the building in response to Defendant's complaints to federal and state agencies about Plaintiff's illegal race-based discrimination. The District Court remanded the case to state court, and the Second Circuit affirmed the remand order. Emigrant Sav. Bank v. Elan Management Corp., 668 F.2d 671 (2d Cir. 1982).

Andrew Nash - 06/02/2008


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