HAMILTON v. HAYES FREIGHT LINES

No. 904.

102 F.Supp. 594 (1952)

HAMILTON v. HAYES FREIGHT LINES, Inc.

United States District Court E. D. Kentucky, Lexington.

February 13, 1952.


Attorney(s) appearing for the Case

Shumate & Shumate, Irvine, Ky., for plaintiff.

Smith, Reed & Leary and Elmer Gaines Davis, Jr., all of Frankfort, Ky., Redwine & Redwine, Winchester, Ky., E. B. Rose, Beattyville, Ky., for defendant-petitioner.


FORD, Chief Judge.

This case is submitted upon the plaintiff's motion to remand it to the State Court from which it was removed by a petition filed by defendant in this Court on January 18, 1952. The only question presented is whether the petition for removal was timely filed under the second paragraph of § 1446(b), Title 28 U.S.C. (revised), which provides: "If the case stated by the initial pleading is not removable, a petition for removal may be filed within...

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