Texas Plaintiffs Call Removal 'Frivolous'

HOUSTON -- Plaintiffs in a Texas welding rod lawsuit have moved to remand, citing other recent remand orders in which courts determined the removing defendants did not act within the scope of a federal contract. Doherty, et al. v. Lincoln Electric, et al., No. 04-cv-2203 (S.D. Texas).

Filed Sept. 3 in the U.S. District Court for the Southern District of Texas, plaintiffs John Doherty and Wilbur Gober claim that the removing defendants violated the 30-day requirement of removal and additionally that the federal officer, government contract and the Defense Production Act do not apply.

Doherty and Gober point to the …