PETER HOLDING CO. v. LE ROY FOODS

Civ. A. Nos. 1156-51, 1161-51.

107 F.Supp. 56 (1952)

PETER HOLDING CO. v. LE ROY FOODS, Inc., et al.

United States District Court D. New Jersey.

January 28, 1952.


Attorney(s) appearing for the Case

Koehler, Augenblick & Freedman, Newark, N. J., Bernard Freedman, Newark, N. J., for plaintiff.

Elias A. Kanter, Newark, N. J., for defendant Le Roy Foods, Inc.

Anthony L. Cecere, Newark, N. J., Alfred J. Kirsh, Richmond, Va., for defendant Shelton Mfg. Co., Inc.


MODARELLI, District Judge.

Plaintiff moves this court for a remand of this case to the Superior Court, Law Division, Essex County, where it was originally brought. It is an ejectment action for the possession of property and damages for mesne profits. Plaintiff states three grounds for the remand, of which only one need be considered, namely, that all defendants have not petitioned for removal individually or jointly.

On December 13, 1951, defendant, Le Roy...

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