Finn v. Rotating Valve Corp.

PATTERSON, District Judge.

The question is whether a case removed to this court from the state court should be sent back.

Dixon, a resident of New York, brought an action against Rotating Valve Corporation, a Delaware corporation. The action was brought in the New York Supreme Court, Queens County, to recover alleged salary of $5,000. While the cause was plainly a removable one, Rotating Valve Corporation took no steps to remove the action to a federal court. It is now at issue in the state court and awaiting trial. In that action Dixon caused attachment to be levied on a bank account in…