Stuart v. St. Regis Paper Co.

WYZANSKI, District Judge.

The precise issue raised by this case is what constitutes an “initial pleading” within the meaning of the remo'val statute, 28 U.S.C. § 1446(b). October 23, 1951 plaintiff sued out a writ against defendant “in an action of contract — for commission due for services”. Consistently with Mass. General Laws (Ter.Ed.) c. 231, § 12, a copy of the declaration was neither supplied with nor inserted in the writ. Cf. Ferguson and Company, Inc., v. Melillo, 266 Mass. 197, 198, 165 N.E. 18; Auer v. Costa, D.C. Mass., 23 F.Supp. 22. The writ was served on the defendant October 29,…