EDELSTEIN, District Judge.
Plaintiff, a non-resident United States national, moves to remand this action to the Supreme Court of the State of New York, whence it was removed by the defendant alien. It is alleged, and denied, that the defendant is, and was at the time of the petition for removal, a "resident" of New York.
Prior to the 1948 revision of the Judicial Code, removal of a diversity or an alienage case was permitted where the defendant was a "non...
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