Alexander v. Peter Holding Co.

BYERS, District Judge.

This is a plaintiffs’ motion to remand to the Supreme Court of New York, on the ground that the removal petition was not filed “within 20 days after the receipt by the defendant * * * of a copy of the initial pleading setting forth the claim for relief * * *.” Title 28 U.S.C.A. § 1446(b).

Interpretation of the quoted language is required in view of the uncontested facts as shown in the motion papers. The action is upon a claim in excess of $3,000 sounding in contract, Iby a resident of New York against a corporation of New . Jersey.

Service of summons and verified…