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MALAVE v. SUN LIFE ASSURANCE CO. OF CANADA

Civ. No. 74-1335.

392 F.Supp. 51 (1975)

Belen Saez MALAVE, Plaintiff, v. SUN LIFE ASSURANCE COMPANY OF CANADA, Defendant.

United States District Court, D. Puerto Rico.

February 18, 1975.

Attorney(s) appearing for the Case

Rodolfo Sequeira, Hato Rey, P. R., for plaintiff.

O'Neill & Borges, Eric A. Tulla, Hato Rey, P. R., for defendant.

ORDER

PESQUERA, District Judge.

The issue before this Court is whether when a defendant in a state court files with that court, prior to removal to a federal court, a motion for an extension of time in which to plead submits to the jurisdiction of the state court and thereby waives his right of removal.

This is an action commenced in the San Juan Part of the Superior Court of the Commonwealth of Puerto Rico by plaintiff who filed a complaint on November...

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