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FINK v. GERRISH

149 F.Supp. 915 (1957)

Joseph FINK, Plaintiff, v. Donald W. GERRISH and Randall U. Cox, Defendants.

United States District Court S. D. New York.

April 8, 1957.

Attorney(s) appearing for the Case

Joseph Spencer, New York City, for plaintiff.

Paul W. Williams, U. S. Atty. for Southern Dist. of New York, New York City, for defendants (James R. Lunney, New York City, of counsel).

MURPHY, District Judge.

Plaintiff moves to remand this cause to the Municipal Court of the City of New York whence it was removed on petition of the United States Attorney under authority of § 1442(a) (1) of Title 28 U.S.C.

This action, as stated in the "oral" complaint filed in the Municipal Court, is described as an

"1) Action for personal injuries and property damage sustained by the plaintiff on December 6, 1956 by reason of the negligence...

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