Dienstag v. St. Paul Fire & Marine Insurance

IRVING R. KAUFMAN, District Judge.

The plaintiffs move to remand this action to the City Court of the City of New York on the ground that the bond which is required to accompany the petition of removal, pursuant to Title 28 U.S.C. § 1446(d), was not filed until October 22, 1957, one day after the filing of the removal petition and after the expiration of the time prescribed by the statute.

The verified complaint was received by the defendant on October 1, 1957. Pursuant to the provisions of § 1446(b) which requires the filing of a petition of removal to the federal court within 20 days after…