RAYMOND'S, INC. v. NEW AMSTERDAM CASUALTY COMPANY

Civ. A. No. 56-926.

159 F.Supp. 212 (1956)

RAYMOND'S Inc. v. NEW AMSTERDAM CASUALTY COMPANY.

United States District Court D. Massachusetts.

November 27, 1956.


Attorney(s) appearing for the Case

Guterman, Horvitz & Rubin, Boston, Mass., for plaintiff.

Samuel H. Cohen, Boston, Mass., for defendant.


WYZANSKI, District Judge.

The sole question is whether defendant has made a timely removal from the state court. More precisely, the issue is whether the 20 day period, specified in 28 U.S.C. § 1446, begins to run from the return day when plaintiff filed in a Massachusetts state court a writ and declaration in an action at law, the declaration not having been (a) previously served upon defendant, or (b) actually received by him, or (c) filed at the time defendant...

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