GIBBS v. PALEY

Civ. No. 1121-72.

354 F.Supp. 270 (1973)

John H. GIBBS, Plaintiff, v. Leon D. PALEY, Defendant.

United States District Court, D. Puerto Rico.

February 23, 1973.


Attorney(s) appearing for the Case

Patrick Wilson, for O'Neil & Borges Law Offices, San Juan, P. R., for plaintiff.

Stanley Feldstein, for Nachman, Feldstein & Gelpi, San Juan, P. R., for defendant.


MEMORANDUM OPINION

CANCIO, Chief Judge.

The disposition of plaintiff's motion to remand this cause to the Superior Court of the Commonwealth of Puerto Rico requires a determination as to the date on which the thirty-day term for removal commenced. 28 U.S.C. Sec. 1446(b). The issue is whether any "receipt" by the defendant of copies of pleadings is sufficient, or whether the "receipt" is conditioned on compliance with the procedural rules under which service...

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