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ELBS v. YATES-AMERICAN MACH. CO.

23 F.2d 368 (1928)

ELBS v. YATES-AMERICAN MACH. CO.

District Court, W. D. New York.

January 6, 1928.

Attorney(s) appearing for the Case

Wile, Oviatt & Gilman, of Rochester, N. Y., for plaintiff.

Sutherland & Dwyer, of Rochester, N. Y., for defendant.

ADLER, District Judge.

This is a motion by plaintiff to remand this case to the state court on the ground that it was improperly removed.

The facts are that the time to answer in the state court expired by stipulation on October 3, 1927. On September 30, 1927, pursuant to notice, defendant's attorneys appeared before a justice of the Supreme Court in support of the petition for removal, and plaintiff's attorneys appeared in opposition thereto. The justice...

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