State Farm Mutual Automobile Insurance Company as Subrogee of Myron Pochynok and Myron Pochynok v. Thomas L. Baasch

This is an appeal from an order of the District Court for the Eastern District of New York remanding to a New York state court an action wherein State Farm Mutual Automobile Insurance Company as subrogee of its insured Myron Pochynok and Pochynok himself sought to recover $1400 from defendant Thomas L. Baasch by reason of Baasch’s negligently operating a motor vehicle so as to damage Pochynok’s motor vehicle in that amount. The summons and complaint were served in the state court on April 21, 1980. The petition for removal, filed on July 7, 1980, made no claim of the existence of diverse…