Madden v. New York Life Ins.

HEALY, Circuit Judge.

The matter is before the court on plaintiff’s motion to remand. Also involved is an order, issued on petition of the defendant, to show cause why plaintiff should not be enjoined from proceeding in the state court.

The motion to remand must be granted on the ground that the petition for removal was not filed within the time prescribed by section 29 of the Judicial Code, 28 U.S.C. A. § 72, providing for removal on petition filed “at the time, or any time before the defendant is required by the laws of the State or the rule of the State court in which such suit is brought to…