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TYLER v. PRUDENTIAL INS. CO. OF AM.

Civ. A. No. 81-713.

524 F.Supp. 1211 (1981)

Carla B. TYLER, Administratrix of the Estate of Donald M. Tyler, a minor, deceased, Plaintiff, v. The PRUDENTIAL INSURANCE COMPANY OF AMERICA, Defendant.

United States District Court, W. D. Pennsylvania.

October 28, 1981.

Attorney(s) appearing for the Case

Judd F. Crosby, Pittsburgh, Pa., for plaintiff.

Alan H. Perer, Pittsburgh, Pa., for defendant.

MEMORANDUM OPINION

DIAMOND, District Judge.

This action was removed to this court by the defendant pursuant to 28 U.S.C. § 1441. Presently before the court is plaintiff's motion to remand, which will be granted.

BACKGROUND

The issue before us is whether the removal petition was timely filed. The undisputed facts relevant to that issue are:

On March 3, 1981, the plaintiff instituted this action in the Court of Common Pleas of...

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