Fung v. Abex Corp., 816 F. Supp. 569 (N.D. Cal. 1992). · Go Syfert
Fung v. Abex Corp., 816 F. Supp. 569 (N.D. Cal. 1992). Cases Citing This Book View Copy Cite
94 citation events (60 in the last 25 years) across 25 distinct courts.
Strongest positive: Adame v. National Steel and Shipbuilding Company, Inc. (casd, 2025-02-27)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 35 distinct citers. How cited ↗
discussed Cited as authority (rule) Adame v. National Steel and Shipbuilding Company, Inc.
S.D. Cal. · 2025 · confidence medium
See, e.g., Carvajal, 2013 WL 1728273 , at *4–*6 18 (preliminarily noting the plaintiff “d[id] not dispute that the relevant events occurred on a 19 federal enclave” when analyzing whether state law claims were barred by the federal 20 enclave doctrine on summary judgment); Fung, 816 F. Supp. 569 at 571 (analogizing to a 21 case where the parties conceded federal enclave jurisdiction existed and finding, without 22 analysis, the same to be true). 23 Although Scott preceded the recent Ninth Circuit opinions on federal enclave 24 jurisdiction by a decade, it is informative as it thoroughly …
discussed Cited as authority (rule) Monlux v. 3M Company
W.D. Wash. · 2024 · confidence medium
Md. 1993) (same); Fung v. Abex Corp., 816 F. Supp. 569, 571 (N.D.
discussed Cited as authority (rule) Marcus v. Air & Liquid Systems Corporation
N.D. Cal. · 2023 · confidence medium
Wilgenbusch, 2019 WL 25 26 4 The second element of the relevant federal officer removal statute requires that Defendant demonstrate “a causal nexus exists between plaintiffs’ claims and the actions [defendants] took 27 pursuant to a federal officer's direction.” Plaintiffs here do not contest the “causal nexus” portion 1 13201904, at *3 (quoting Fung v. Abex Corp., 816 F. Supp. 569, 572 (N.D.
cited Cited as authority (rule) State of Minnesota v. American Petroleum Institute
D. Minnesota · 2021 · confidence medium
However, both of the cases that Defendants cite for this proposition, Fung v. Abex Corp., 816 F. Supp. 569, 571 (N.D.
discussed Cited as authority (rule) Board of Commissioners of Southeast Louisiana Flood Protection Authority-East v. Tennessee Gas Pipeline Co. (2×)
E.D. La. · 2014 · confidence medium
Id. at pp. 40-41 (citing, e.g., Fung v. Abex Corp., 816 F.Supp. 569, 571 (N.D.Cal.1992)). .
discussed Cited as authority (rule) Hagen v. Benjamin Foster Co.
E.D. Pa. · 2010 · confidence medium
That is, it is not enough for a defendant to show that “the relevant acts occurred under the general auspices of a federal officer.” Fung v. Abex Corp., 816 F.Supp. 569, 572 (N.D.Cal.1992) (internal marks omitted) (quoting Ryan v. Dow Chem.
discussed Cited as authority (rule) Bennett v. MIS CORP.
6th Cir. · 2010 · confidence medium
Co., 149 F.3d 387, 398 (5th Cir.1998) (same); Good v. Armstrong World Indus., Inc., 914 F.Supp. 1125, 1127-28 (E.D.Pa.1996) (same); Pack v. AC & S, Inc., 838 F.Supp. 1099, 1102-03 (D.Md.1993) (same); Fung v. Abex Corp., 816 F.Supp. 569, 572 (N.D.Cal.1992) (same). 9 *1086 The statute permits removal only if MIS was “acting under” an FAA officer. 28 U.S.C. § 1442 (a)(1); see Lay, 312 Fed.
discussed Cited as authority (rule) Corley v. Long-Lewis, Inc. (2×)
N.D. Ala. · 2010 · confidence medium
Fung v. Abex Corp., 816 F.Supp. 569, 571 (N.D.Cal.1992).
cited Cited as authority (rule) Carter v. Monsanto Co.
S.D.W. Va · 2009 · confidence medium
Pack v. AC and S, Inc., 838 F.Supp. 1099, 1103 (D.Md.1993) (citing Fung v. Abex Corp., 816 F.Supp. 569, 572 (N.D.Cal.1992)); see also Ryan v. Dow Chem.
cited Cited as authority (rule) McGee v. Arkel International, LLC
S.D. Tex. · 2009 · confidence medium
Corp., 816 F.Supp. 569, 572 (N.D.Cal.1992)).
discussed Cited as authority (rule) Isaacson v. Dow Chemical Co.
2d Cir. · 2008 · confidence medium
We also note that in so holding, our Circuit is in agreement with the Fifth Circuit, see Winters, 149 F.3d at 398 , and several district courts, see Good v. Armstrong World Indus., Inc., 914 F.Supp. 1125, 1127-28 (E.D.Pa.1996); Pack v. AC & S, Inc., 838 F.Supp. 1099, 1102-03 (D.Md.1993); Fung v. Abex Corp., 816 F.Supp. 569, 572 (N.D.Cal.1992).
cited Cited as authority (rule) Isaacson v. Dow Chemical Co.
2d Cir. · 2008 · confidence medium
Md. 1993); Fung v. Abex Corp., 816 F. Supp. 569, 572 (N.D.
discussed Cited as authority (rule) Watson v. Philip Morris Companies, Inc. (2×)
8th Cir. · 2005 · confidence medium
Co., 781 F.Supp. 934, 946-47 (E.D.N.Y.1992); Fung v. Abex Corp., 816 F.Supp. 569, 572 (N.D.Cal.1992).
cited Cited as authority (rule) Lisa Watson v. Philip Morris Companies, Inc.
8th Cir. · 2005 · confidence medium
Co., 781 F.Supp. 934, 946-47 (E.D.N.Y.1992); Fung v. Abex Corp., 816 F.Supp. 569, 572 (N.D.Cal.1992).
discussed Cited as authority (rule) New Jersey Department of Environmental Protection v. Exxon Mobil Corp. (2×)
D.N.J. · 2005 · confidence medium
The question before the court on this prong is “not whether [a] claimed defense is meritorious, but only whether a colorable claim to such a defense has been made.” Fung v. Abex Corp., 816 F.Supp. 569, 573 (N.D.Cal.1992).
discussed Cited as authority (rule) Jewel v. UnumProvident Corp.
D. Mass. · 2005 · confidence medium
Thus, in In re Methyl Tertiary Butyl Ether (“MTBE”) Products Liability Litigation, the court held that § 1442(a) removal was proper where defendants had a colorable federal preemption defense to plaintiffs’ state tort claims. 342 F.Supp.2d 147, 158 (S.D.N.Y.2004); see also Camacho v. Autoridad de Tels. de P.R., 868 F.2d 482, 487 (1st Cir.1989) (concluding ■ that defendants had a federal statutory defense to plaintiffs’ state claims of improper wire *127 tapping); Pack v. AC & S, Inc., 838 F.Supp. 1099, 1103 (D.Md.1993) (denying remand where defendants had a colorable federal militar…
discussed Cited as authority (rule) Paldrmic v. Altria Corporate Services, Inc. (2×) also: Cited "see, e.g."
E.D. Wis. · 2004 · confidence medium
See, e.g., Crackau, 2003 WL 21665135 , at *3 (holding that a military contractor that manufactured radar equipment was entitled to federal officer removal where the military provided the manufacturing specifications, monitored the defendant’s compliance with those specifications, and prohibited the defendant’s unilateral modifications of the equipment without military approval); Pack, 838 F.Supp. at 1103 (holding that military contractor that manufactured tur *968 bine generators was entitled to federal officer removal where the government maintained “control over the construction, desig…
discussed Cited as authority (rule) Isaacson v. Dow Chemical Co. (2×)
unknown court · 2004 · confidence medium
LEXIS 21725 (S.D.Ohio 1999); Arness v. Boeing N. Am., Inc., 997 F.Supp. 1268, 1272 (C.D.Cal.1998); Ruffin v. Armco Steel Corp., 959 F.Supp. 770, 773 (S.D.Tex.1997); Good v. Armstrong World Indus., 914 F.Supp. 1125, 1127-1128 (E.D.Pa.1996); Fung v. Abex Corp., 816 F.Supp. 569, 572 (N.D.Cal.1992); Akin v. Big Three Indus., Inc., 851 F.Supp. 819 , 822-23 (E.D.Tex.1994); Ryan, 781 F.Supp. at 946-47 . 2.
discussed Cited as authority (rule) Virden v. Altria Group, Inc.
N.D.W. Va. · 2004 · confidence medium
See Pack v. AC and S, Inc., 838 F.Supp. 1099, 1103 (D.Md.1993) (government construction contractor entitled to federal officer removal where the government maintained “control over the construction, design and testing of the turbines” and would “specify and approve the type of asbestos cloth to be used when insulating valves and flanges”); Fung v. Abex Corp., 816 F.Supp. 569, 572-73 (N.D.Cal.1992) (government construction contractor entitled to federal officer removal where the government “monitored [defendant’s] performance at all times,” “required the defendant to construct a…
discussed Cited as authority (rule) Freiberg v. Swinerton & Walberg Property Services, Inc.
D. Colo. · 2002 · confidence medium
Ryan, 781 F.Supp. at 939 ; accord Ruffin v. Armco Steel Corp., 959 F.Supp. 770, 775 (S.D.Tex.1997); Good v. Armstrong World Indus., 914 F.Supp. 1125, 1127 (E.D.Pa.1996); Pack v. AC & S, Inc., 838 F.Supp. 1099, 1101 (D.Md.1993); Fung v. Abex Corp., 816 F.Supp. 569, 571-72 (N.D.Cal.1992)(asbestos exposure cases).
discussed Cited as authority (rule) In Re Wireless Telephone Radio Frequency Emissions
D. Maryland · 2002 · confidence medium
Most courts have held that in order for a defendant to be "acting under" a federal officer, the federal officer must have "`direct and detailed control' over the defendant." Fung v. Abex Corp., 816 F.Supp. 569, 572 (N.D.Cal.1992) ( citing Ryan v. Dow Chemical Co., 781 F.Supp. 934, 947 (E.D.N.Y.1992)).
discussed Cited as authority (rule) Pinney v. Nokia
D. Maryland · 2002 · confidence medium
Most courts have held that in order for a defendant to be “acting under” a federal officer, the federal officer must have “ ‘direct and detailed control’ over the defendant.” Fung v. Abex Corp., 816 F.Supp. 569, 572 (N.D.Cal.1992) (citing Ryan v. Dow Chemical Co., 781 F.Supp. 934, 947 (E.D.N.Y.1992)).
examined Cited as authority (rule) Arness v. Boeing North American, Inc. (4×) also: Cited "see, e.g."
C.D. Cal. · 1998 · confidence medium
Second, the defendant must establish that it acted under the direction of a federal officer by demonstrating “a causal nexus between plaintiffs’ claims and acts it performed under color of federal of fice.” Fung v. Abex Carp., 816 F.Supp. 569, 571-72 (N.D.Cal.1992); see also Maryland, v. Soper (No. 1), 270 U.S. 9, 33 , 46 S.Ct. 185, 190 , 70 L.Ed. 449 (1926); Ryan v. Dow Chemical Co., 781 F.Supp. 934, 939 (E.D.N.Y.1992).
cited Cited as authority (rule) McCormick v. C.E. Thurston & Sons, Inc.
E.D. Va. · 1997 · confidence medium
Fung v. Abex Corp., 816 F.Supp. 569, 571 (N.D.Cal.1992).
discussed Cited as authority (rule) Ruffin v. Armco Steel Corp. (2×) also: Cited "see, e.g."
S.D. Tex. · 1997 · confidence medium
Co., 901 F.Supp. 1195, 1197 (E.D.Tex.1995); Fung v. Abex Corp., 816 F.Supp. 569, 571-72 (N.D.Cal.1992).
discussed Cited as authority (rule) Good v. Armstrong World Industries, Inc.
E.D. Pa. · 1996 · confidence medium
See Crocker v. Borden, Inc., 852 F.Supp. 1322, 1325 (E.D.La.1994); Pack v. AC and S, Inc., 838 F.Supp. 1099, 1102 (D.Md.1993); Fung v. Abex Corp., 816 F.Supp. 569, 572 (N.D.Cal.1992); Ryan, 781 F.Supp. at 946-47 .
discussed Cited as authority (rule) Winters v. Diamond Shamrock Chemical Co.
E.D. Tex. · 1995 · confidence medium
Guillory v. Ree’s Contract Service, Inc., 872 F.Supp. 344, 346 (S.D.Miss.1994) (citing Akin v. Big Three Indus., Inc., 851 F.Supp. 819 , 822 (E.D.Tex.1994); Pack v. AC and S, Inc., 838 F.Supp. 1099, 1101 (D.Md.1993); Fung v. Abex Corp., 816 F.Supp. 569, 571-572 (N.D.Cal.1992)). *1198 This court finds that defendants are considered “persons” for purposes of this statute.
discussed Cited as authority (rule) Guillory v. Ree's Contract Service, Inc.
S.D. Miss. · 1994 · confidence medium
See Mesa v. California, 489 U.S. 121, 124-25, 134-35 , 109 S.Ct. 959, 962, 967 , 103 L.Ed.2d 99 (1989); Akin, 851 F.Supp. at 823 (“Although GE might or might not ultimately prevail on its government contractor defense, that issue is beside the point.”); Fung, 816 F.Supp. at 573 ("The question is not whether General Dynamics' claimed defense is meritorious, but only whether a colorable claim to such a defense has been made.”); Ryan v. Dow Chemical Co., 781 F.Supp. 934, 944 (E.D.N.Y.1992) (same). 5 .
discussed Cited as authority (rule) OMI Holdings, Inc. v. Howell
D. Kan. · 1994 · confidence medium
Cases hold that “personal injury actions arising from incidents on federal enclaves may support district court jurisdiction under § 1331.” Fung v. Abex Corp., 816 F.Supp. 569, 571 (N.D.Cal.1992) citing, Willis v. Craig, 555 F.2d 724, 726 (9th Cir.1977) and Mater v. Holley, 200 F.2d 123 (5th Cir.1952).
cited Cited as authority (rule) Coghlan v. H.J. Heinz Co.
N.D. Tex. · 1994 · confidence medium
See Pack v. AC and S, Inc., 838 F.Supp. 1099, 1102 (D.Md.1993); Fung v. Abex Corp., 816 F.Supp. 569, 572 (N.D.Cal.1992); Ryan v. Dow Chemical Co., 781 F.Supp. 934, 946 (E.D.N.Y.1992).
cited Cited as authority (rule) Akin v. Big Three Industries, Inc.
E.D. Tex. · 1994 · confidence medium
See Pack v. AC and S, Inc., 838 F.Supp. 1099, 1102 (D.Md.1993); Fung v. Abex Corp., 816 F.Supp. 569, 572 (N.D.Cal.1992); Ryan v. *823 Dow Chemical Co., 781 F.Supp. 934, 946 (E.D.N.Y.1992).
cited Cited "see" Michael Karmon v. California Institute of Technology
C.D. Cal. · 2022 · signal: see · confidence high
See Fung v. Abex Corp., 816 F. Supp. 569, 571 (N.D.
cited Cited "see" Hilbert v. Aeroquip, Inc.
D. Mass. · 2007 · signal: see · confidence high
See Fung v. Abex Corp., 816 F.Supp. 569, 573 (N.D.Cal.1992), United States v. Todd, 245 F.3d 691, 693 (8th Cir.2001).
discussed Cited "see" Jamison v. Purdue Pharma Co. (2×) also: Cited "see, e.g."
S.D. Miss. · 2003 · signal: see · confidence high
See Fung, 816 F.Supp. at 572 (citing Ryan v. Dow Chemical Co., 781 F.Supp. 934, 947 (E.D.N.Y.1992); Bakalis v. Crossland Sav.
discussed Cited "see" Pack v. AC AND S, INC.
D. Maryland · 1993 · signal: accord · confidence high
Ryan v. Dow Chemical Co., 781 F.Supp. 934, 946 (E.D.N.Y.1992) (The court looked at the definition of a person “in light of the purpose of the section read as a whole,” and found that a “purely legal person such as a corporation could be engaged in activities that amount to the implementation of a federal policy under the direction of a government officer” such that *1103 state court suits against those corporations could inhibit federal policy.); accord Fung v. Abex Corp., 816 F.Supp. 569, 572 (N.D.Cal. 1992); Bahrs v. Hughes Aircraft Co., 795 F.Supp. 965, 968 (D.Ariz.1992) (same); see…
Retrieving the full opinion text from the archive…
Jerry FUNG and Lisa Fung, Plaintiffs,
v.
ABEX CORPORATION, Et Al., Defendants; Richard BOOK and Phyllis Book, Plaintiffs, v. ABEX CORPORATION, Et Al., Defendants; Dale EPPERSON and Carmen Epperson, Plaintiffs, v. ABEX CORPORATION, Et Al., Defendants
C-92-2929 DLJ, C-92-2930 DLJ and C-92-3137 DLJ.
District Court, N.D. California.
Oct 26, 1992.
816 F. Supp. 569
Philip A. Harley and Patricia E. Henley of Brayton, Gisvold & Harley, Novato, CA, for plaintiffs., Christopher J. Mead, of Cooper, White & Cooper, San Francisco, CA, Beth E. Orlow-sky, with McKenna & Cuneo, Washington, DC, and Merle J. Smith, Jr., Gen. Counsel for General Dynamics, for defendants.
Jensen.
Cited by 39 opinions  |  Published
JENSEN, District Judge.

On October 14, 1992 the Court considered plaintiffs’ motion for remand. Philip A. Harley and Patricia E. Henle of Brayton, Gisvold & Harley appeared for plaintiffs. Christopher J. Mead of Cooper, White & Cooper, Beth E. Orlowsky of McKenna & Cuneo, and Merle J. Smith, Jr., General Counsel for General Dynamics appeared for defendants. Having considered the papers submitted, the arguments of counsel, the applicable law, and the entire record herein, the Court DENIES plaintiffs’ motion for remand and shall notify the Clerk of the Judicial Panel on Multidis-trict Litigation regarding the pendency of these actions pursuant to 28 U.S.C.A. § 1407.

I. BACKGROUND

On or about June 10, 1992, plaintiffs Jerry and Lisa Fung and plaintiffs Richard and Phyllis Book filed personal injury and loss of consortium actions against defendant General Dynamics and 277 other defendants. Plaintiffs Dale and Carmen Epperson filed a similar action against the same defendants on July 7,1992. Initially the eases were filed in San Francisco Superior Court alleging[*571] personal injuries resulting from exposure to asbestos.

Defendant General Dynamics removed the eases to the United States District Court for the Northern District of California pursuant to 28 U.S.C. §§ 1441 and 1442. General Dynamics argues that many of plaintiffs’ allegations stem from their employment by the United States Navy at Mare Island Shipyard, a United States Naval facility as well as other Naval facilities. Defendant also argues that the claims of asbestos exposure involve plaintiffs’ duties while on board United States Navy submarines constructed by General Dynamics pursuant to federal contract. This Court related the three actions on September 11, 1992. Plaintiffs request that the Court remand these actions to San Francisco County Superior Court claiming that 28 U.S.C.A. §§ 1441, 1442 and 1446 are inapplicable.

II. DISCUSSION

A Motion for Remand

Title 28 U.S.C. § 1441(a) provides that any civil action of which the district courts have original jurisdiction may be removed unless a statute expressly provides otherwise. “On Motion for Remand, the burden of proving the propriety of removal rests in the party who removed.” Societa Anonima Lucchese Olii E. Vini v. Cantania Spagna Corp., 440 F.Supp. 461 (D.C.Mass.1977). “[A] cause of action arises under federal law only when the plaintiffs well pleaded complaint raises issues of federal law.” Metropolitan Life Insurance Co., 481 U.S. 58, 63, 107 S.Ct. 1542, 1546, 95 L.Ed.2d 55; Franchise Tax Board v. Construction Laborers Vacation Trust, 463 U.S. 1, 9-10, 103 S.Ct. 2841, 2846, 77 L.Ed.2d 420 (1983). Thus, claims “brought under state law may ‘arise under’ federal law if vindication of the state right necessarily turns upon construction of a substantial question of federal law, i.e., if federal law is a necessary element of one of the well-pleaded claims.” Ultramar America, Ltd. v. Dwelle, 900 F.2d 1412, 1414 (9th Cir.1990).

A complainant cannot, “however, avoid federal jurisdiction simply by omitting from the complaint federal law essential to his claim, or by casting in state law terms a claim that can be made only under federal law.” Harper v. San Diego Transit Corp., 764 F.2d 663 (9th Cir.1985).

Title 28 U.S.C. § 1331(a) provides that the district court has concurrent original jurisdiction over claims where the matter in controversy exceeds $10,000 and arises under the Constitution, laws or treaties of the United States. The Ninth Circuit has indicated that personal injury actions arising from incidents occurring on federal enclaves may support district court jurisdiction under § 1331 and arise under the Constitution. Willis v. Craig, 555 F.2d 724, 726 (9th Cir.1977); Mater v. Holley, 200 F.2d 123 (5th Cir.1952).

In Mater, the plaintiff sued to recover for personal injuries while in Fort McPherson, a federal enclave. The court upheld federal jurisdiction even- though state law would apply to the action. The court stated that the claims arose under the laws of the United States within the meaning of 28 U.S.C.A. § 1331, and federal jurisdiction was “not affected by concurrent jurisdiction in state courts.” Id. at 125.

Although plaintiffs do not mention in their complaint that the. alleged exposure to asbestos took place while on federally procured submarines which were docked at Mare Island and other federal enclaves, they claim that the injuries were a consequence of their working on naval vessels under the supervision of General Dynamics. Failure to indicate the federal enclave status and location of the exposure will not shield plaintiffs from the consequences of this federal enclave status. Like the facts in Mater, plaintiffs’ actions arise under the laws of the United States as stated in § 1331 and are properly the subject of federal jurisdiction.

Defendant also argues that removal is proper under Title 28 U.S.C. § 1442(a)(1), which states that an action may be removed by “[a]ny officer of the United States or any agency thereof, or person acting under him, for any act under color of such office.” This provision is satisfied if the moving party can (1) demonstrate that it acted under the direction of a federal officer, (2) raise a federal defense to plaintiffs’ claims, and (3) demon[*572] strate a causal nexus between plaintiffs’ claims and acts it performed under color of federal office. Mesa v. California, 489 U.S. 121, 124-25, 134-35, 109 S.Ct. 959, 962, 967, 103 L.Ed.2d 99 (1989).

Defendant General Dynamics must first show that it is a person in the context of § 1442(a)(1). While the Supreme Court has held that § 1442’s “person” should not include government agencies, the Court has not decided whether a “person” should include corporations acting under a federal officer. International Primate Protection League v. Administrators of Tulane Educ. Fund, — U.S. -, 111 S.Ct. 1700, 114 L.Ed.2d 134 (1991); Bakalis v. Crossland Sav. Bank, 781 F.Supp. 140, 142-43 (E.D.Mo.1987).

In Ryan v. Dow Chemical Co., 781 F.Supp. 934, 946 (E.D.N.Y.1992), the court looked at the definition of a person “in light of the purpose of the section read as a whole.” The Ryan court found that a “purely legal person such as a corporation could be engaged in activities that amount to the implementation of a federal policy under the direction of a government officer” such that state court suits against those corporations could disrupt the execution of federal' law. Ryan, 781 F.Supp. at 946. Following the reasoning in Ryan, defendant General Dynamics can be characterized as a person under § 1442(a)(1) as a builder of submarines under the supervision of the Secretary of Navy or his delegees.

Defendant General Dynamics must next show that it was “acting under” an officer of the United States by establishing a nexus between the actions of the federal officers and the actions for which the defendant is being sued. Gulati v. Zuckerman, 723 F.Supp. 353, 358 (E.D.Pa.1989). If the corporation establishes “only that the relevant acts occurred under the general auspices of’ a federal officer, such as being a participant in a regulated industry, they are not entitled to § 1442(a)(1) removal. Ryan, 781 F.Supp. at 947; Bakalis v. Crossland Sav. Bank, 781 F.Supp. 140, 144-15 (E.D.N.Y.1991). A majority of courts have held that the federal official must have “direct and detailed control” over the defendant. Ryan, 781 F.Supp. at 947.

This control requirement can be satisfied by strong government intervention and the threat that a defendant will be sued in state court “based upon actions taken pursuant to federal direction.” Gulati v. Zuckerman, 723 F.Supp. 353 (E.D.Pa.1989). In Gurda Farms, Inc. v. Monroe County Legal Assistance Corp., 358 F.Supp. 841 (S.D.N.Y.1973), the court allowed removal based on the theory that the defendant attorneys, who committed torts while acting on behalf of migrant farm workers, were governed by “exceedingly complex regulations, guidelines, and evaluation schemes.” Id. at 844.

Plaintiffs cite Northern Colo Water Conservancy Dist. v. Board of County Commissioners, 482 F.Supp. 1115 (1983), and Ryan v. Dow Chemical Co., 781 F.Supp. at 946, in support of their argument that General Dynamics was not acting under an officer as defined in § 1442(a)(1). In Northern Colo Water Conservancy Dist, the boundaries for waste management planning agencies were created by the Clean Water Act and subject to the approval of the Administrator of the Environmental Protection Agency although the agencies owed their existence and whatever powers they possess to state law. Id. at 1117-18. The court said that boundary approval by a federal officer did not satisfy the control requirement for removal under § 1442(a)(1) since any “acts undertaken or powers exercised can only have been undertaken or exercised pursuant to state, not federal law.” Id. at 1118. In the instant case, General Dynamics was under the direct control of the Secretary of the Navy and authorized to build, submarines under federal contract and on federal enclaves.

Ryan is also distinguishable from the instant case since defendants in Ryan were “being sued for formulating and producing a product all of whose components were developed without direct government control and all of whose methods of manufacture were determined by the defendants.” Ryan, 781 F.Supp. at 950. While the government contracted defendant to build submarines in the instant case, it monitored General Dynamics’ performance at all times and required the defendant to construct and repair the vessels[*573] in accordance with the applicable and approved specifications incorporated into the contracts. In addition, all contract supplies were subject to inspection, test, and approval by the government. The government also performed extensive dock and sea trials on the submarines prior to commission, to ensure complete conformity with design specifications. Given the fact that defendant has established that the government, under the direction of the Secretary of Navy, exercised “direct and detailed” control over the construction of the vessels, the “acting under” requirement of § 1442(a)(1) has been satisfied.

Finally, defendant must show that it can assert a colorable federal defense under § 1442(a)(1). Mesa v. California, 489 U.S. 121, 109 S.Ct. 959, 103 L.Ed.2d 99 (1989). The question is not whether General Dynamics’ claimed defense is meritorious, but only whether a colorable claim to such a defense has been made. Id. at 128, 109 S.Ct. at 964. General Dynamics has stated that it intends to raise, inter alia, the “government contractor” immunity defense as stated in Boyle v. United Technologies, Inc., 487 U.S. 500, 108 S.Ct. 2510, 101 L.Ed.2d 442; Niemann v. McDonnell Douglas Corp., 721 F.Supp. 1019 (S.D.Ill.1989).

Plaintiffs argue that the instant case is independent from the contractual obligations that General Dynamics had with regard to building submarines for the government, and thus the government contractor defense is inapplicable. This argument is contrary to the rule as established in Boyle which deals directly with liability for design defects in military equipment. Boyle, 487 U.S. 500, 512, 108 S.Ct. 2510, 2518, 101 L.Ed.2d 442; Niemann v. McDonnell Douglas Corp., 721 F.Supp. 1019 (S.D.Ill.1989). Defendants have satisfied the final requirement of removal under § 1442(a)(1) by asserting the government contractor immunity as a color-able federal defense. Therefore removal is appropriate both under §§ 1441(a) and 1442(a)(1).

B. Transfer under 28 U.S.C. § HD7

Pursuant to the Order of the judicial panel on multidistrict litigation, Docket No. 875, these cases should be transferred to the Eastern District of Pennsylvania where all Federal Court asbestos personal injury actions have been centralized in a single forum pursuant to 28 U.S.C.A. § 1407. In its 1991 Order, the Panel found that the involved actions, similar to the instant cases, dealt with common questions of 'fact relating to injuries or wrongful death allegedly caused by exposure to asbestos, “and that centralization under § 1407 in the Eastern District of Pennsylvania will best serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation.” In re Asbestos Products Liability Litigation (NO. VI), 771 F.Supp. 415 (J.P.M.L.1991).

The Panel also explained that upon the filing of “tag-along” actions, which include actions, such as this, filed subsequent to the issuance of the Panel’s order and involving common questions of fact with the actions under consideration by the Panel for transfer, the Clerk of the Panel shall be notified in order to determine whether transfer is appropriate. Id. at 422; See Rule 13, R.P.J.P.M.L., 120 F.R.D. 251, 259 (1988). Since the instant eases deal with questions common to those discussed in the Panel’s transfer Order, this Court shall treat them as “tag-along” actions and notify the Clerk of the Panel regarding possible transfer. The pending motions to dismiss filed by defendants will not be considered at this time since the underlying matters appear to be under the jurisdiction of MDL Order 875 which indicates that all “pretrial” proceedings should be coordinated or consolidated by the transferee court.

III. CONCLUSION

For the foregoing reasons, the Court ORDERS as follows:

1. Plaintiffs motion for remand is DENIED.

2. This Court shall notify the Clerk of the Judicial Panel on Multidistrict Litigation regarding the pendency of these actions pursuant to 28 U.S.C.A. § 1407.

[*574] 3. The parties shall appear for a status conference on Wednesday, November 25, 1992 at 8:30 a.m.

IT IS SO ORDERED.