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MEDVEDIEFF v. CITIES SERVICE OIL CO.

35 F.Supp. 999 (1940)

MEDVEDIEFF v. CITIES SERVICE OIL CO.

District Court, S. D. New York.

December 4, 1940.

Attorney(s) appearing for the Case

Birrell & Dimmock of New York City (Lowell M. Birrell and Charles A. Van Patten, both of New York City, of counsel), for plaintiff.

Frueauff, Burns & Ruch, of New York City (Joseph M. Sullivan, of New York City, of counsel), for defendant.

HULBERT, District Judge.

By his motion to remand plaintiff challenges statements set forth in the removal petition and the issues thus raised must be determined by this court; the petitioning defendant has the burden of proof. Wilson v. Republic Iron Co., 257 U.S. 92, 42 S.Ct. 35, 66 L.Ed. 144; see also, McNutt v. General Motors Acceptance Corp., 298 U.S. 178, at page 189, 56 S.Ct. 780, 80 L.Ed. 1135...

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