Supporting Remand Motion Claims Nothing 'Official' About Defendants' Activities

CHARLESTON, W.Va. -- In a recent motion supporting the remand of an estimated 2,000-plaintiff West Virginia complaint, the plaintiffs claim that because welding rods are produced for commercial and retail markets before being subject to military stipulations, the defendants fail in their removal under Federal Officer Removal jurisdiction. Adames, et al., v. AGA Gas, Inc., et al., No. 04-CV-44 (N.D. W.Va.).

Filed June 8 in the U.S. District Court for the Northern District of West Virginia, the response to the defendants' opposition to remand argues that the defendants have offered no evidence that the military participated in the design of …