MICHETTI PIPE STRINGING v. MURPHY BROS.

No. 96-7150.

125 F.3d 1396 (1997)

MICHETTI PIPE STRINGING, INC., a corporation, Plaintiff-Appellant, v. MURPHY BROTHERS, INC., a corporation, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

October 24, 1997.


Attorney(s) appearing for the Case

John David Pugh, James F. Archibald, III, Bradley, Arant, Rose & White, Birmingham, AL, for Plaintiff-Appellant.

Thomas A. Carraway, Deborah Alley Smith, Rives & Peterson, Birmingham, AL, for Defendant-Appellee.

Before COX and BARKETT, Circuit Judges, and HUNT, District Judge.


COX, Circuit Judge:

This interlocutory appeal presents a single issue: whether the thirty-day removal period provided by 28 U.S.C. § 1446(b) begins when the defendant receives a copy of the plaintiff's initial pleading, or when the defendant is served with a copy of that pleading. Concluding that the clock starts to tick upon the defendant's receipt of a copy of the filed initial pleading, we reverse.

Background

Michetti Pipe Stringing...

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