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OIL TANK CLEANING CORP. v. REINAUER TRANSP. CO.

Civ. No. 17145.

149 F.Supp. 401 (1957)

OIL TANK CLEANING CORPORATION, Plaintiff, v. REINAUER TRANSPORTATION CO., Inc., R. T. C. No. Three Corporation and Bert Reinauer Defendants.

United States District Court E. D. New York.

February 11, 1957.

Attorney(s) appearing for the Case

Solomon Pearlman, New York City, for plaintiff.

Macklin, Speer, Hanan & McKernan, New York City, Thomas F. Daly, New York City, of counsel, for defendants.

BRUCHHAUSEN, District Judge.

This is a contract action for work, labor and services.

Plaintiff moves for an order remanding and returning this cause to the Supreme Court of the State of New York, County of Kings under 28 U.S.C.A. § 1447.

Plaintiff contends that the petition for removal was not filed within twenty days of receipt of the complaint by defendant pursuant to 28 U.S.C.A. § 1446. Defendant claims that plaintiff waived its right...

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