MARSH v. TILLIE LEWIS FOODS, INC.

Civ. No. 66-58W.

257 F.Supp. 645 (1966)

Max F. MARSH, Plaintiff, v. TILLIE LEWIS FOODS, INC., Defendant.

United States District Court D. South Dakota, W. D.

August 31, 1966.


Attorney(s) appearing for the Case

Costello, Porter, Hill, Banks & Nelson, Rapid City, S. D., for plaintiff.

Davenport, Evans, Hurwitz & Smith, Sioux Falls, S. D., for defendant.


DECISION

BECK, District Judge.

The plaintiff postures his motion to remand on the premise that the amended complaint filed in this court after the filing of the petition to remove and the bond and this court's order approving both and accepting the petition, but before that removal proceeding had been effected, 28 U.S.C.A. Sec. 1446(e), gives rise to a necessary deduction, that the amendment reducing the amount in controversy below the jurisdictional $10...

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