Legal Opinion
Shoemaker v. GAF Corp.
District Court, W.D. Virginia
Decided February 10, 1993No. Civ. A. 92-0102-H to 92-0131-H, 92-0133-H to 92-0139-HPublishedCited by 12 opinions
1Opinion of the Court
MEMORANDUM OPINION
MICHAEL, District Judge.
These cases come before the court on plaintiffs’ motion to remand because of a defect in removal procedure. The plaintiffs contend that defendant’s removal of the cases was untimely. The issue presented is whether the thirty-day removal period established by 28 U.S.C. § 1446(b) commences when the defendant receives a copy of the initial pleading before service or when the defendant receives a copy of the initial pleading through service. The parties have briefed and argued the issue and the matter is now ripe for disposition. For the reasons stated…
2Cases cited33 opinions
- Shamrock Oil & Gas Corp. v. SheetsSupreme Court of the United States · 1941
- Ex Parte CollettSupreme Court of the United States · 1949
- Northern Illinois Gas Company, an Illinois Corporation v. Airco Industrial Gases, a Division of Airco, Inc., a Delaware CorporationCourt of Appeals for the Seventh Circuit · 1982
- First United Methodist Church of Hyattsville v. United States Gypsum CompanyCourt of Appeals for the First Circuit · 1989
- Love v. State Farm Mutual Automobile InsuranceDistrict Court, N.D. Georgia · 1982
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3Cited by12 opinions
- Loretta Elliott v. American States Insurance Co.Court of Appeals for the Fourth Circuit · 2018
- Cohen v. ReedDistrict Court, E.D. New York · 1994
- Mermelstein v. MakiDistrict Court, S.D. New York · 1993
- Bowman v. Weeks Marine, Inc.District Court, D. South Carolina · 1996
- Weimer v. City of Johnstown, NYDistrict Court, N.D. New York · 1996
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