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DUTTON v. MOODY

104 F.Supp. 838 (1952)

DUTTON v. MOODY et al.

United States District Court S. D. New York.

May 20, 1952.

Attorney(s) appearing for the Case

Arnold B. Elkind, New York City, for plaintiff.

John W. Trapp, New York City, for defendant Gloria Moody.

Clarke & Reilly, New York City, for defendant Milton Jesselson.

WEINFELD, District Judge.

The plaintiff moves for an order to remand this action to the Supreme Court of the State of New York, Bronx County, pursuant to 28 U.S.C. § 1447 upon the ground that the removing defendant's petition was not timely filed or served.

The disposition of the motion turns on whether new Title 28 U.S.C. § 1446(b), governing the procedure for removal, makes it mandatory that the removal...

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