Herman Krangel, Plaintiffs-Respondents v. General Dynamics Corporation, Defendants-Petitioners

This petition for permission to appeal pursuant to 28 U.S.C. § 1292 (b) seeks to challenge a district court order remanding an action to the state court for lack of federal jurisdiction. 791 F.Supp. 1436 We hold that 28 U.S.C. § 1447 (d) bars this court from granting review under section 1292(b).

Petitioners are the defendants in a shareholder derivative action brought by the respondents in the Superior Court for the County of San Diego. The complaint alleges that petitioner General Dynamics Corporation and twenty four of its officers and directors defrauded the United States Government in connection with numerous weapons contracts. Petitioners removed the action the district court for the Southern District of California under 28 U.S.C. §§ 1441 and 1442(a)(1).

Petitioners’ removal petition asserted two grounds for federal removal jurisdiction. First, petitioners claimed that the action arose under the Constitution, laws, or treaties of the United States. Second, petitioners asserted that the action was removable as having been filed against a person acting under the direction of officers of the United States. The district court found that the federal laws relevant to the causes…