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MAGNUSSON v. AMERICAN ALLIED INSURANCE COMPANY

No. 3-67 Civ. 317.

286 F.Supp. 573 (1968)

Cyrus E. MAGNUSSON, as Commissioner of Insurance of the State of Minnesota, Plaintiff, v. AMERICAN ALLIED INSURANCE COMPANY, Defendant. In the matter of Claims Numbered 001869 and 001883, RESOLUTE INSURANCE COMPANY, a Rhode Island Corporation, Claimant.

United States District Court D. Minnesota, Third Division.

July 10, 1968.

Attorney(s) appearing for the Case

Briggs & Morgan by Samuel L. Hanson, St. Paul, Minn., for Homer A. Bonhiver, receiver of American Allied Ins. Co.

Stearns, Torrison, Goetteman & Driscoll by Edward J. Driscoll, St. Paul, Minn., appeared for Resolute Ins. Co.

NEVILLE, District Judge.

The novel question presented on this motion to remand is whether the petitioner for removal from State Court is in the position of a defendant within the meaning and language of 28 U.S.C. § 1441(a) so as to be entitled to a removal. American Allied Insurance Company (American Allied) is a Minnesota corporation with its principal place of business in Minnesota. It appears in this case by and...

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