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VILLAGE OF WELLSVILLE v. ATLANTIC RICHFIELD CO.

No. CIV-84-1327C.

608 F.Supp. 497 (1985)

VILLAGE OF WELLSVILLE, Plaintiff, v. ATLANTIC RICHFIELD COMPANY, a/k/a ARCO, Defendant.

United States District Court, W.D. New York.

May 8, 1985.

Attorney(s) appearing for the Case

Harris, Beach, Wilcox, Rubin & Levey, Rochester, N.Y. (Alan J. Knauf, Rochester, N.Y., of counsel), for plaintiff.

Phillips, Lytle, Hitchcock, Blaine & Huber, Buffalo, N.Y. (David K. Floyd, Buffalo, N.Y., of counsel), for defendant.

CURTIN, Chief Judge.

Plaintiff originally initiated this action in the Supreme Court of the State of New York, Allegany County. Defendant removed the suit to this court on the basis of the court's diversity jurisdiction. Plaintiff seeks a remand to state court, challenging not the jurisdictional basis, but claiming that the petition for removal was prematurely filed.

Defendant filed its petition for removal on November 20, 1984, approximately 26 days after...

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