Mahony v. Witt Ice and Gas Company

RIDGE, District Judge.

Action, begun in the state court, for personal injuries arising out of collision of plaintiff’s automobile and truck driven by defendant’s alleged agent. Defendant removed the same on the ground of diverse citizenship of the parties and requisite jurisdictional amount. Plaintiff now moves to remand for failure to comply with the Removal' Statute, 28 U.S.C. A. § 1446.(1)

Plaintiff avers that the procedure prescribed by Section 1446, Title 28, U.S.C.A., was not followed in this removal proceeding with the required exactness, in that defendant allegedly gave notice before,…