a State court shall be removed without bond at any time before trial by the Attorney General to the district court of the United States for the district and division embracing the place in which the action or proceeding is pending. Such action or proceeding shall be deemed to be an action or proceeding brought against the United States under the provisions of this title and all references thereto, and the United States shall be substituted as the party defendant. This certification of the Attorney General shall conclusively establish scope of office or employment for purposes of removal.
[3]  In their Renewed Motion and Brief, Defendants combined the arguments they raised in their August 16, 1993 Motion and Brief, and the additional arguments they raised in their Augustto prove he only held the rank for a limited time, we affirm in part and reverse and render in part.
Kiel became a member of the Houston Fire Department in 1956. He advanced steadily and by 1967 had achieved the rank of Chauffeur. In October, 1968 he successfully passed an examination held to establish an eligibility list for the position of Investigator in the department. His name was placed on that list and by July, 1969 he had moved from his original rank of nineteenth on the list to first.
On July 8, 1969 the Houston City Council adopted an ordinance creating twenty new *71 Investigator positions. During the next ninety days the fire chief neither promoted Kiel to one of these positions nor passed him over to promote