Legal Opinion
Milton R. Barrie Co., Inc. v. Levine
District Court, S.D. New York
Decided February 18, 1975No. 75 Civ. 64PublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
WHITMAN KNAPP, District Judge.
Plaintiff has moved pursuant to 28 U.S.C. § 1447 to remand this case to the New York Supreme Court, New York County whence it was removed by defendants. The action was originally commenced in the state court on October 10, 1974 by service of a summons alone, which tersely stated that “the object of this action is recovery of damages arising out of (i) breach of contract and (ii) fraud . . .” The complaint— served on December 12, 1974- — conformed with the object notice in the summons, but set forth the two causes of action in much greater…
2Cases cited10 opinions
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- American Fire & Casualty Co. v. FinnSupreme Court of the United States · 1951
- Maybruck v. HaimDistrict Court, S.D. New York · 1968
- Farmers' Bank & Trust Co. of Hardinsburg v. Atchison, T. & S. F. RY. Co.Court of Appeals for the Eighth Circuit · 1928
- Adams v. Western Steel Buildings, Inc.District Court, D. Colorado · 1969
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Simmons v. California, Department of Industrial Relations, Division of Labor Standards EnforcementDistrict Court, E.D. California · 1990
- Armstrong v. Monex International Ltd.District Court, N.D. Illinois · 1976
- Barrett v. McDonald's of Oklahoma CityDistrict Court, W.D. Oklahoma · 1976
- Simpson v. Union Pacific RailroadDistrict Court, N.D. California · 2003
- Gardner & Florence Call Cowles Foundation v. Empire Inc.Court of Appeals for the Second Circuit · 1985
3 more not listed; retrieve them via the Exa API.