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MILTON R. BARRIE CO., INC. v. LEVINE

No. 75 Civ. 64.

390 F.Supp. 475 (1975)

MILTON R. BARRIE CO., INC., Plaintiff, v. Morton LEVINE and Peter Morroni, Defendants.

United States District Court, S. D. New York.

February 18, 1975.

Attorney(s) appearing for the Case

Rogers & Wells, New York City, for plaintiff, by William S. Greenawalt, Stuart A. Jackson, Donald F. Luke, New York City, of counsel.

Golenbock and Barell, New York City, for defendant, Levine, by Arthur C. Silverman, Stephen M. Rathkopf, New York City, of counsel.

MEMORANDUM AND ORDER

WHITMAN KNAPP, District Judge.

Plaintiff has moved pursuant to 28 U.S.C. § 1447 to remand this case to the New York Supreme Court, New York County whence it was removed by defendants. The action was originally commenced in the state court on October 10, 1974 by service of a summons alone, which tersely stated that "the object of this action is recovery of damages arising out of (i) breach of contract and (ii) fraud . . ." The complaint...

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