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ESTATE OF BARATT v. PHOENIX MUT. LIFE INS. CO.

No. CIV-92-6044T.

787 F.Supp. 333 (1992)

ESTATE OF Ruth P. BARATT, Plaintiff, v. PHOENIX MUTUAL LIFE INSURANCE COMPANY, Defendant.

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

March 16, 1992.

Attorney(s) appearing for the Case

Norman J. Baratt, pro se.

William S. Brandt, Nixon, Hargrave, Devans & Doyle, Rochester, N.Y., for defendant.

DECISION AND ORDER

TELESCA, Chief Judge.

INTRODUCTION

This is an action for breach of contract, fraud, and bad faith refusal to pay benefits allegedly due under an insurance contract. Defendant filed a notice of removal in this Court on January 30, 1992, pursuant to 28 U.S.C. §§ 1332 and 1441(a). Plaintiff now moves to remand this action to state court on the grounds that removal was untimely.

BACKGROUND

On December...

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