Legal Opinion
Village of Wellsville v. Atlantic Richfield Co.
District Court, W.D. New York
Decided May 8, 1985No. CIV-84-1327CPublishedCited by 7 opinions
1Opinion of the Court
CURTIN, Chief Judge.
Plaintiff originally initiated this action in the Supreme Court of the State of New York, Allegany County. Defendant removed the suit to this court on the basis of the court’s diversity jurisdiction. Plaintiff seeks a remand to state court, challenging not the jurisdictional basis, but claiming that the petition for removal was prematurely filed.
Defendant filed its petition for removal on November 20, 1984, approximately 26 days after it was served with a summons and notice. No complaint had been served, nor had one been served at the time of submission of this motion for…
2Cases cited6 opinions
- Parker v. MackNew York Court of Appeals · 1984
- DiMeglio v. Italia Crociere InternazionaleDistrict Court, S.D. New York · 1980
- Manufacturers & Traders Trust Co. v. Hartford Accident & Indemnity Co.District Court, W.D. New York · 1977
- E.W. Howell Co. v. Underwriters Laboratories, Inc.District Court, E.D. New York · 1984
- Everitt v. EverittNew York Court of Appeals · 1958
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Estate of Baratt v. Phoenix Mutual Life InsuranceDistrict Court, W.D. New York · 1992
- Weimer v. City of Johnstown, NYDistrict Court, N.D. New York · 1996
- Universal Motors Group of Companies v. WilkersonDistrict Court, S.D. New York · 1987
- Day v. Zimmer Inc.District Court, N.D. New York · 1986
- Jones Chemicals, Inc. v. Distribution Architects Int'l, Inc.District Court, W.D. New York · 1992
2 more not listed; retrieve them via the Exa API.