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STACK v. STRANG

Civ. No. 59 — 361.

94 F.Supp. 54 (1950)

STACK v. STRANG.

United States District Court S. D. New York.

November 13, 1950.

Attorney(s) appearing for the Case

Carroad & Carroad, New York City (Herbert D. Cohen, New York City, of counsel), for plaintiff.

Irving H. Saypol, U. S. Atty., New York City (John D. Kelly, Asst. U. S. Atty., New York City, of counsel), for defendant.

GODDARD, District Judge.

Motion by plaintiff to remand this suit to the New York State Supreme Court upon the ground that the defendant's petition for removal was not timely filed.

This suit was started in the state court by the service of a summons and complaint on March 25, 1950. According to the complaint, the plaintiff sought recovery of one gold coin of the United States commonly known as a "Double Eagle". It did not appear from the pleadings that the...

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