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GIBSON v. ATLANTIC COAST LINE RAILROAD CO.

69 Civ. 1201.

299 F.Supp. 268 (1969)

Jessie Mae GIBSON, Plaintiff, v. ATLANTIC COAST LINE RAILROAD CO., Defendant.

United States District Court S. D. New York.

May 10, 1969.

Attorney(s) appearing for the Case

Nurnberg, Byrne & Klein, New York City, for plaintiff, Joseph A. Byrne, Jr., New York City, of counsel.

Carter, Ledyard & Milburn, New York City, for defendant, James J. Mennis, New York City, of counsel.

METZNER, District Judge.

Plaintiff moves, pursuant to 28 U.S.C. §§ 1446(b) and 1447(c), to remand this action to the Supreme Court of the State of New York.

Plaintiff originally commenced an action in the City Court of the City of New York, seeking recovery of $10,000 with interest and costs. At that point the action was not removable, since the amount in controversy did not exceed $10,000 exclusive of interest and costs. 28 U.S. C. § 1332....

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