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MERMELSTEIN v. MAKI

No. 93 Civ. 0916 (SS).

830 F.Supp. 180 (1993)

Estelle MERMELSTEIN, Plaintiff, v. James Theodore MAKI and N.W. Dairy Forwarding Co., Defendants.

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

May 20, 1993.

Attorney(s) appearing for the Case

The Law Office of Joseph T. Mullen, Jr., New York City by Joseph T. Mullen, Jr., James P. McCall, for plaintiff.

LaBrum & Doak, New York City by Carl R. Fogelberg, John P. Cookson, for defendants.

MEMORANDUM OPINION AND ORDER

SOTOMAYOR, District Judge.

Plaintiff moves pursuant to 28 U.S.C. § 1447(c) to remand this action to the Supreme Court of the State of New York, County of Bronx, due to a defect in the removal procedure. For the reasons stated below, the parties are ordered to proffer additional evidence addressing the open issues of who received the initial pleadings and when they were received...

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