PATTERSON v. REFINERY ENGINEERING COMPANY

Civ. No. 4393.

183 F.Supp. 459 (1960)

Lucinda PATTERSON and Clyde Patterson, Plaintiffs, v. REFINERY ENGINEERING COMPANY, Defendant, and VILLAGE OF RUIDOSO, NEW MEXICO, Third-Party Defendant.

United States District Court D. New Mexico.

May 12, 1960.


Attorney(s) appearing for the Case

John H. Lawless, Jr., Chase & French, Alamogordo, N. M., for plaintiffs.

E. Forrest Sanders, William W. Bivins, Las Cruces, N. M., for defendant.

Frazier & Cusack, Roswell, N. M., for third-party defendant.


ROGERS, District Judge.

This matter, at its present stage, brings Section 1446(e), Title 28 U.S.C. into sharp focus. Such sub-section provides as follows:

"(e) Promptly after the filing of such petition and bond the defendant or defendants shall give written notice thereof to all adverse parties and shall file a copy of the petition with the clerk of such State court, which shall effect the removal and the State court shall proceed no further unless and until...

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