Dean Witter Reynolds, Inc. v. Schwartz

AMENDED ORDER

PAINE, District Judge.

This cause is before the Court on defendant’s verified petition for removal (filed August 2, 1982), as amended (verified amendment filed August 16, 1982), and plaintiff’s memorandum in opposition to removal (filed August 9, 1982).

The issue presented is whether this case, instituted in a Florida state court, is properly removable to this court.

Removal by a defendant of an action from a state court to a federal court is governed by 28 U.S.C. § 1441 (1976), subsections (a) and (b). 1 Subsection (a) provides that an action brought in state court, of which…