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STUART v. ST. REGIS PAPER CO.

Civ. No. 51-1234.

102 F.Supp. 195 (1952)

STUART v. ST. REGIS PAPER CO. et al.

United States District Court, D. Massachusetts.

January 28, 1952.

Attorney(s) appearing for the Case

James F. Egan, Springfield, Mass., for plaintiff.

Clarence R. Brooks and Brooks & Wallace, all of Springfield, Mass., for defendant.

WYZANSKI, District Judge.

The precise issue raised by this case is what constitutes an "initial pleading" within the meaning of the removal statute, 28 U.S.C. § 1446(b). October 23, 1951 plaintiff sued out a writ against defendant "in an action of contract — for commission due for services". Consistently with Mass. General Laws (Ter.Ed.) c. 231, § 12, a copy of the declaration was neither supplied with nor inserted in the writ. Cf. Ferguson and Company...

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