DONLAN v. F. H. McGRAW & CO.

Civ. No. 9547.

81 F.Supp. 599 (1948)

DONLAN v. F. H. McGRAW & CO.

United States District Court E. D. New York.

December 28, 1948.


Attorney(s) appearing for the Case

Barry & Lynch, of New York City, for plaintiff.

Gay & Behrens, of New York City, for defendant.


GALSTON, District Judge.

This motion presents an interesting question of interpretation of Sec. 1446(e) of Title 28 U.S.C.A., the recently enacted Federal Code.

The plaintiff by motion seeks to have the action remanded to the Supreme Court of Queens County, where the action was instituted, on the ground that notice of the filing of defendant's petition and accompanying bond in this court was not served upon the plaintiff, nor a copy of the petition filed with...

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