Automatic Merchandising Corp. v. Zenga

WYZANSKI, District Judge.

Plaintiff has moved to remand to the Superior Court of Massachusetts a civil action which defendant Zenga removed under the purported authority of 28 U.S.C. § 1446. The only question which needs to be considered is whether defendant has made a timely removal, or, more narrowly, whether Zenga filed in this Court his petition for removal “within twenty days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading.”

The text of 28 U.S.C. § 1446(b) as it now stands, following the amendment in § 83 of the Act of May 24, 1949, c.…