Durr Drug Co. v. American Surety Co.

CHARLES B. KENNAMER, District Judge.

This case, originally filed in the circuit court of Montgomery County, Alabama, was, by proper statutory procedure, removed to this court by the defendant, a citizen of the state of New York. The plaintiff filed a motion to remand the case to the state circuit court. It is now before this court on the motion to remand.

A copy of the summons and complaint out of the state circuit court of Montgomery County, Alabama were served on the Alabama Superintendent of Insurance on November 2, as provided by Alabama statute. The summons and complaint were received by…