ALEXANDER v. PETER HOLDING CO.

Civ. No. 11202.

94 F.Supp. 299 (1950)

ALEXANDER et al. v. PETER HOLDING CO.

United States District Court E. D. New York.

December 1, 1950.


Attorney(s) appearing for the Case

Rubinton & Coleman, Brooklyn, N. Y., (Lester M. Rosenbloom, New York City, of counsel), for plaintiffs, for the motion.

Arnold J. Brock, New York City (Arnold J. Brock and William P. Balaban, New York City, of counsel), for defendant, opposed.


BYERS, District Judge.

This is a plaintiffs' motion to remand to the Supreme Court of New York, on the ground that the removal petition was not filed "within 20 days after the receipt by the defendant * * * of a copy of the initial pleading setting forth the claim for relief * * *." Title 28 U.S.C.A. § 1446(b).

Interpretation of the quoted language is required in view of the uncontested facts as shown in the motion papers.

The action is upon a...

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