With no explanation, chose the best option from "A", "B", "C" or "D". issues therein. 28 U.S.C.A. § 1441(c). In May, 1998, the Fifth Circuit upheld the proposition that a counterclaim defendant could remove if the counterclaim was separate and independent of the original complaint. State of Texas Board of Regents v. Walker, 142 F.3d 813 (5th Cir.1998). In Walker, the State of Texas filed suit against a university professor on a state law claim for violation of his employment contract. The professor then filed a counterclaim joining additional defendants and alleging both state and Federal claims pursuant to § 1983, all of which arose out of his employment termination. The counterclaim defendants subsequently removed the case to federal court. Building on one of its prior rulings, Carl Heck Engineers v. Lafourche Parish Police 622 F.2d 133 (5th Cir.1980) (<HOLDING>) the court held that as long as the

A: recognizing that  1441c limits removal to situations in which a federal question is joined with a separate and independent claim of a nonfederal nature
B: holding that removal under section 1441c may only be done by the original defendant
C: holding that later served defendants each have thirty days to remove to federal court
D: holding that a third party indemnity defendant may remove a case to federal court pursuant to  1441c
D.