Potter v. Kahn

McGOHEY, District Judge.

The defendant, a resident and citizen of Switzerland, removed this action for breach of contract from the New York Supreme Court on diversity grounds. He now moves to vacate a warrant of attachment, the order directing service by publication and the service, and to dismiss for lack of jurisdiction.

The plaintiff moves for remand on the ground that the petition for removal was filed too late. This motion is considered first.

The following facts are not in dispute. The New York Court’s order directing publication was entered June 5, 1952. It directed that publications be…