Bird Machine Co. v. Day

OPINION

CAFFREY, District Judge.

This is a civil action originally commenced in the Norfolk County Superior Court. A petition for removal to this court was filed by the defendant Roger W. Day on May 23, 1969 and by the remaining defendants on June 26, 1969. The matter came before the court on the basis of plaintiff’s motion to remand the case to the Superior Court. In connection with this motion an evidentiary hearing was held on June 16, 1969, and thereafter the matter was briefed by the parties. The motion to remand was based on the allegation that complete diversity did not exist between the…