City of Buffalo v. Spann Realty Corp.

KNIGHT, 'Chief Judge.

Defendant Plainfield Hotel Corporation’s petition to remove this action from the County Court of Erie County, New York, to this court was denied. See opinion of this court dated September 10, 1948. 80 F.Supp. 171. It now moves for a rehearing of this denied petition.

Said defendant on this motion has submitted the affidavit of F. Dudley Kohler, verified October 13, 1948, in which he alleges : “The plaintiff made the Plainfield Hotel Corporation, a defendant, because it had a mortgage lien on the premises.”

Plaintiff’s counsel, Adon W. Crosby, has submitted an opposing…