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REIKEN v. NATIONWIDE LEISURE CORP.

No. 78 Civ. 1905 (MP).

458 F.Supp. 179 (1978)

Samuel REIKEN, Michelle Reiken, on behalf of themselves and all others similarly situated, Plaintiffs, v. NATIONWIDE LEISURE CORPORATION, Joel Nadel d/b/a Nationwide Leisure Company, Pan American World Airways, Inc., Overseas National Airways, Inc., Trust Houses Forte Hotels, Ltd., Kensington Close Ltd., Trust Houses Forte, Inc., and Fidelity and Deposit Company of Maryland, Inc., Defendants.

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

October 13, 1978.

Attorney(s) appearing for the Case

Thomas A. Dickerson, New York City, for plaintiffs.

Joseph J. Marcheso, New York City, by Philip M. Kazin, New York City, for defendants Nationwide Leisure Corp. and Joel Nadel d/b/a Nationwide Leisure Co.

Hart & Hume, New York City, by John E. Fogarty, New York City, for defendant Fidelity and Deposit Co. of Maryland, Inc.

Breed, Abbott & Morgan, New York City, for defendant Overseas National Airways, Inc.

Kagan & Lubic, New York City, for defendant Trust Houses Forte, Ltd.

OPINION

POLLACK, District Judge.

Two defendants have moved pursuant to 28 U.S.C. § 1447(c) to remand this action to state court on the ground that it was improvidently removed to this Court on the petition of another defendant. In the alternative, the moving defendants seek an order requiring plaintiffs to give security of $2,000 for their costs. For the reasons set forth below, the motion to remand must be granted. In view of this disposition, the...

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