Legal Opinion
Gibbs v. Paley
District Court, D. Puerto Rico
Decided February 23, 1973No. Civ. 1121-72PublishedCited by 12 opinions
1Opinion of the Court
MEMORANDUM OPINION
CANCIO, Chief Judge.
The disposition of plaintiff’s motion to remand this cause to the Superior Court of the Commonwealth of Puerto Rico requires a determination as to the date on which the thirty-day term for removal commenced. 28 U.S.C. Sec. 1446(b). The issue is whether any “receipt” by the defendant of copies of pleadings is sufficient, or whether the “receipt” is conditioned on compliance with the procedural rules under which service is attempted. ■
This action was commenced by the filing of a complaint in the Superior Court of Puerto Rico. In a motion requesting the…
2Cases cited4 opinions
- Potter v. McCauleyDistrict Court, D. Maryland · 1960
- Moore v. Firedoor Corporation of AmericaDistrict Court, D. Maryland · 1966
- Rodriguez v. HeartyDistrict Court, S.D. Texas · 1954
- Schering Transamerica Corp. v. Torres-canetDistrict Court, D. Puerto Rico · 1968
3Cited by12 opinions
- Love v. State Farm Mutual Automobile InsuranceDistrict Court, N.D. Georgia · 1982
- Quick Erectors, Inc. v. Seattle Bronze Corp.District Court, E.D. Missouri · 1981
- Thomason v. Republic InsuranceDistrict Court, E.D. California · 1986
- Conticommodity Services, Inc. v. PerlDistrict Court, N.D. Illinois · 1987
- Senior Loiza Corporation v. Vento Development CorporationCourt of Appeals for the First Circuit · 1985
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