Ely Valley Mines, Inc., Pioche Mines Consolidated, Inc. v. Hartford Accident and Indemnity Company, Americo L. Campini, Leland Donahue

Plaintiffs, commenced this action for damages against their court-appointed receiver, Americo L. Campini; Hartford Acci dent and Indemnity Co., surety on the receiver’s bond; and Leland Donahue who assisted the receiver.

The action was initially brought in a Nevada state court and removed pursuant to 28 U.S.C. § 1442 (a)(3) to the U.S. District Court for the District of Nevada.

The district court denied remand and subsequently dismissed for lack of prosecution. Plaintiffs appeal both these rulings. We affirm. Our jurisdiction is founded upon 28 U.S.C. § 1291 .

I

REMOVAL

Appellants contend that 28 U.S.C. § 1442 does not provide removal jurisdiction in the instant action.

28 U.S.C. § 1442 permits removal of an action against

Although a receiver is an officer of the courts of the United States, the question here is whether this case involves an “Act under color of office or in the performance of his duties.”

In appellants’ complaint, the defendant receiver is charged with personal wrongdoing (e. g., falsely testifying before the district court, obtaining wrongful orders from the district court, failing to account as ordered by court, refusing to return properties contrary to…