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PEAVEY v. REED CO.

Civ. No. 2114.

41 F.Supp. 351 (1941)

PEAVEY v. REED CO., Inc.

District Court, E. D. New York.

October 9, 1941.

Attorney(s) appearing for the Case

Griffing & Smith, of Riverhead, N. Y. (Dominick Blasi, of Brooklyn, N. Y., of counsel), for plaintiff.

George G. Lake, of New York City, for defendant.

MOSCOWITZ, District Judge.

This motion to remand to the State Court is made upon two grounds. First, the defendant has failed to file a proper transcript of the record as required by Title 28 U.S.C.A. §§ 71, 72 and 80 and, second, that the complaint demands equitable relief only and does not involve property or any money damage.

Title 28 U.S.C.A. § 72 provides the procedure for the removal of an action from the State Court to the District Court...

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