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IRVING TRUST CO. v. CENTURY EXPORT & IMPORT

78 Civ. 1288-CSH.

464 F.Supp. 1232 (1979)

IRVING TRUST COMPANY, Plaintiff, v. CENTURY EXPORT & IMPORT, S.A., Century Commodities, Inc., and Harry Steinfeld, Defendants. Banco de Colombia, Intervenor, and Eduardo Ospina Fernandez, Individually and on behalf of Century Export & Import, S.A., Intervenor.

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

January 31, 1979.

Attorney(s) appearing for the Case

Krause, Hirsch & Gross, New York City, for plaintiff.

Coudert Brothers, New York City, for intervenor Banco de Colombia.

Olwine, Connelly, Chase, O'Donnell & Weyher, New York City, for defendant Century Export & Import S. A. and Intervenor Eduardo Ospina Fernandez.

MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

This litigation, started in state court and removed pursuant to 28 U.S.C. § 1441, raises substantial questions concerning this Court's jurisdiction under the removal statute and the removing party's compliance with statutory conditions precedent to removal. The right of removal is a matter of legislative grace, Great No. Ry. Co. v. Alexander, 246 U.S. 276, 38 S...

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