Potter v. McCauley

CHESNUT, District Judge.

The plaintiff’s motion to remand this case to the state court, on the ground that the petition to remove it from a state court to this court was not timely, requires a determination of the proper meaning and application of the word “otherwise” in 28 U.S.C.A. § 1446, subsection (b), as amended in 1949, which provides in relevant part here as follows:

“ (b) The petition for removal of a civil action or proceeding shall be filed within twenty days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading setting forth the claim for…