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FARMCO STORES, INC. v. NEWMARK

Civ. S-1359.

315 F.Supp. 396 (1970)

FARMCO STORES, INC., a corporation, Plaintiff, v. Milton M. NEWMARK and V. J. Reed, Defendants.

United States District Court, E. D. California.

July 8, 1970.

Attorney(s) appearing for the Case

Gale & Goldstein, Sacramento, Cal., for plaintiff.

Milton Maxwell Newmark, Lynn Anderson Koller, Lafayette, Cal., for defendants.

MEMORANDUM AND ORDER

MacBRIDE, Chief Judge.

This is a motion for remand under 28 U.S.C.A. § 1447(c). The action was brought originally in state court. Defendants removed to this court under 28 U.S.C.A. § 1446. Plaintiff moves to remand on two grounds: (1) the court lacks subject matter jurisdiction since the action does not arise under the laws of the United States within the meaning of 28 U.S.C.A. § 1331(a), and (2) the removal was procedurally...

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