Gilardi v. Atchison, Topeka and Santa Fe Railway Co.

IGOE, District Judge.

This personal-injury action, based on common law negligence, was commenced in the Town Court of Cicero. It was removed to this court on defendant’s petition alleging diversity of citizenship between itself and plaintiff. The case is presently before this court on plaintiff’s motion to remand the action to the Town Court on the grounds that: First, the removal was not filed within twenty days after the service of summons and is, therefore, untimely; second, that there is no diversity jurisdiction within the meaning of 28 U.S.C. § 1441, inasmuch as plaintiff, a citizen of…