Legal Opinion

Patterson v. Refinery Engineering Co.

District Court, D. New Mexico

Decided May 12, 1960No. Civ. No. 4393PublishedCited by 3 opinions

1Opinion of the Court

ROGERS, District Judge.

This matter, at its present stage, brings Section 1446(e), Title 28 U.S.C. into sharp focus. Such sub-section provides as follows:

“(e) Promptly after the filing of such petition and bond the defendant or defendants shall give written notice thereof to all adverse parties and shall file a copy of the petition with the clerk of such State court, which shall effect the removal and the State court shall proceed no further unless and until the case is remanded.”

From the oral arguments of counsel and from supplemental research undertaken by the Court and its staff, it would…

2Cases cited5 opinions

  1. Green v. CustardSupreme Court of the United States · 1860
  2. Beleos v. Life and Casualty Insurance Co. of Tenn.District Court, E.D. South Carolina · 1956
  3. Donlan v. F. H. McGraw & Co.District Court, E.D. New York · 1948
  4. Hornung v. Master Tank & Welding CompanyDistrict Court, D. North Dakota · 1957
  5. Shenandoah Chamber of Progress v. Frank Associates, Inc.District Court, E.D. Pennsylvania · 1950

3Cited by3 opinions

  1. Barrett v. Southern Railway Co.District Court, D. South Carolina · 1975
  2. Master Equipment, Inc. v. Home Insurance CompanyDistrict Court, E.D. Pennsylvania · 1972
  3. Rubio v. Allegheny International, Inc.District Court, S.D. Florida · 1987

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