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POTTER v. McCAULEY

Civ. A. No. 12255.

186 F.Supp. 146 (1960)

Lloyd A. POTTER v. Helen L. McCAULEY.

United States District Court D. Maryland, Civil Division.

August 4, 1960.

Attorney(s) appearing for the Case

James R. Miller, Sr., G. Richard Park, Rockville, Md., for plaintiff.

Albert G. Aaron, Baltimore, Md., Mark P. Friedlander, Friedlander & Friedlander, Washington, D. C., for defendant.

CHESNUT, District Judge.

The plaintiff's motion to remand this case to the state court, on the ground that the petition to remove it from a state court to this court was not timely, requires a determination of the proper meaning and application of the word "otherwise" in 28 U.S.C.A. § 1446, subsection (b), as amended in 1949, which provides in relevant part here as follows:

"(b) The petition for removal of a civil action or proceeding shall be filed...

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