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KOVELL v. PENNSYLVANIA RAILROAD COMPANY

Civ. A. No. 31172.

129 F.Supp. 906 (1954)

Martha KOVELL, a Minor, etc. Plaintiff, v. The PENNSYLVANIA RAILROAD COMPANY, Defendant.

United States District Court, N. D. Ohio, E. D.

October 12, 1954.

Attorney(s) appearing for the Case

Paul B. Moritz, Niles, Ohio, for plaintiff.

Jay C. Brownlee, G. Kenneth Clark, of Harrington, Huxley & Smith, Youngstown, Ohio, for defendant.

McNAMEE, District Judge.

Plaintiff's motion to dismiss defendant's petition for removal, which will be treated as a motion to remand, asserts the claim that defendant failed to give written notice to plaintiff of the filing of petition for removal, promptly after said petition was filed, as required by Section 1446(e) Title 28 U.S.C.A. The papers in the case, including the affidavits of counsel for plaintiff and defendant, disclose these facts:

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