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DIENSTAG v. ST. PAUL FIRE & MARINE INSURANCE CO.

164 F.Supp. 603 (1957)

Baruch DIENSTAG and Simon Dienstag, individually and as copartners doing business under the firm name and style of B & M Dienstag, Plaintiffs, v. ST. PAUL FIRE & MARINE INSURANCE COMPANY, Defendant.

United States District Court S. D. New York.

November 18, 1957.

Attorney(s) appearing for the Case

Murray Miller, New York City, for plaintiffs.

Rein, Mound & Cotton, New York City, Paul D. Compton, New York City, of counsel, for defendant.

IRVING R. KAUFMAN, District Judge.

The plaintiffs move to remand this action to the City Court of the City of New York on the ground that the bond which is required to accompany the petition of removal, pursuant to Title 28 U.S.C. § 1446(d), was not filed until October 22, 1957, one day after the filing of the removal petition and after the expiration of the time prescribed by the statute.

The verified complaint was received by the defendant on October...

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