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VARIANO v. CITY OF WHITE PLAINS

242 F.Supp. 790 (1965)

Frank N. VARIANO and Filomena Le Donne Variano, Petitioners Defendants. v. CITY OF WHITE PLAINS, Respondent-Plaintiff.

United States District Court S. D. New York.

June 24, 1965.

Attorney(s) appearing for the Case

William McKinley, Corp. Counsel for City of White Plains, N. Y., for respondent-plaintiff; Paul M. Gavin, White Plains, of counsel.

Louis A. Le Donne, New York City, for petitioners-defendants.

FEINBERG, District Judge.

Petitioners here are defendants in a condemnation proceeding brought by the City of White Plains ("the City") on behalf of the White Plains Parking Authority, which is presently pending in the Supreme Court of the State of New York, County of Westchester. They have petitioned to remove the case to this court, invoking 28 U.S.C. §§ 1441, 1443; the City has objected and has moved to remand. For the reasons stated below, the motion...

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