Legal Opinion
Dutton v. Moody
District Court, S.D. New York
Decided May 20, 1952PublishedCited by 14 opinions
1Opinion of the Court
WEINFELD, District Judge.
The plaintiff moves for an order to remand this action to the Supreme Court of the State of New York, Bronx County, pursuant to 28 U.S.C. § 1447 upon the ground that the removing defendant’s petition was not timely filed or served.
The disposition of the motion turns on whether new Title 28 U.S'.C. § 1446(b), governing the procedure for removal, makes it mandatory that the removal petition he filed within twenty days after service of the summons.
The action was commenced by the service of a summons -and complaint 1 upon the defendant on March 18th, 1952. On April 4th,…
2Cases cited4 opinions
- Bankers Securities Corp. v. Insurance Equities Corp.Court of Appeals for the Third Circuit · 1936
- Sauerzopf v. North American Cement Corp.New York Court of Appeals · 1950
- Earle C. Anthony, Inc. v. National Broadcasting Co.District Court, S.D. New York · 1934
- Uzelmeier v. Carrier Corp.District Court, E.D. Pennsylvania · 1948
3Cited by14 opinions
- Maybruck v. HaimDistrict Court, S.D. New York · 1968
- Transport Indemnity Co. v. Financial Trust Co.District Court, C.D. California · 1972
- Green v. ZuckDistrict Court, S.D. New York · 1955
- Nicola Products Corp. v. Showart Kitchens, Inc.District Court, E.D. New York · 1988
- Richlin Advertising Corp. v. Central Florida Broadcasting Co.District Court, S.D. New York · 1954
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