Legal Opinion

Donlan v. F. H. McGraw & Co.

District Court, E.D. New York

Decided December 28, 1948No. Civ. 9547PublishedCited by 13 opinions

1Opinion of the Court

GALSTON, District Judge.

This motion presents an interesting question of interpretation of Sec. 1446(e) of Title 28 U.S.C.A., the recently enacted Federal Code.

The plaintiff by motion seeks to have the action remanded to the Supreme Court of Queens County, where the action was instituted, on the ground that notice of the filing of defendant’s petition and accompanying bond in this court was not served upon the plaintiff, nor a copy of the petition filed with the clerk of the state court until the day following.

Secs. 1441-1450 of Title 28 relate to removal of actions from state courts. Under…

2Cited by13 opinions

  1. Eastern v. CantyIllinois Supreme Court · 1979
  2. Crown Construction Co. v. Newfoundland American InsuranceSupreme Court of Pennsylvania · 1968
  3. DADE COUNTY CLASSROOM TEACHERS'ASS'N v. RubinSupreme Court of Florida · 1970
  4. Hornung v. Master Tank & Welding CompanyDistrict Court, D. North Dakota · 1957
  5. Barrett v. Southern Railway Co.District Court, D. South Carolina · 1975

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