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MEADOWS v. BICRODYNE CORP.

No. C-82-4975-WWS.

559 F.Supp. 57 (1983)

John F. MEADOWS, et al., Plaintiffs, v. BICRODYNE CORPORATION, et al., Defendants. David J. PETERSON and Dorothy Peterson, et al., Plaintiffs, v. BICRODYNE CORPORATION, et al., Defendants.

United States District Court, N.D. California.

March 28, 1983.

Attorney(s) appearing for the Case

Lance S. Stryker, Melissa M. Lackman, San Francisco, Cal., for plaintiffs Meadows.

Robert W. Rychlik, Los Altos, Cal., for plaintiffs Petersons.

Richard Warren, Landels, Ripley & Diamond, San Francisco, Cal., Robert Rychlik, Danell, Haley & Rychlik, Los Altos, Cal., for defendants.

ORDER

SCHWARZER, District Judge.

Plaintiffs renew their motion to remand this action to state court, asserting that defendants' removal petition was untimely filed. This assertion appears to be correct and will be assumed correct for the purposes of this motion. The question is whether plaintiffs waived this defect by failing to object to it when their motion to remand was first heard in October 1982 and by appearing in this Court both to defend against...

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