Weaver v. Miller Electric Manufacturing Co.

ORDER

HAND, Chief Judge.

This case gives the Court the opportunity to shed some light on the removal statutes, 28 U.S.C. §§ 1441-1452 (1976), as they relate to Ala.R.Civ.P. 9(h), that allows the practice of pleading fictitious parties. In particular the Court is concerned with the issue of when a defendant must remove to comply with the time limit imposed by section 1446(b).

The complaint in this action was filed in the Circuit Court of Mobile County, Alabama on December 2, 1980. Along with the removant herein, Miller Electric Manufacturing Company, Inc. (Miller), nine fictitious parties were…