Raymond's, Inc. v. New Amsterdam Casualty Company

WYZANSKI, District Judge.

The sole question is whether defendant has made a timely removal from the state court. More precisely, the issue is whether the 20 day period, specified in 28 U.S.C. § 1446, begins to run from the return day when plaintiff filed in a Massachusetts state court a writ and declaration in an action at law, the declaration not having been (a) previously served upon defendant, or (b) actually received by him, or (c) filed at the time defendant was served with summons.

The relevant removal statute is § 83 of The Act of May 24, 1949, c. 139, 63 Stat. 101, 28 U.S.C. § 1446. It…