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HILL v. PHILLIPS, BARRATT, KAISER ENGINEERING LTD.

Civ. No. 84-0077-B.

586 F.Supp. 944 (1984)

Jonathan R. HILL, Plaintiff, v. PHILLIPS, BARRATT, KAISER ENGINEERING LTD., et al., Defendants.

United States District Court, D. Maine.

June 26, 1984.

Attorney(s) appearing for the Case

John E. Sedgewick, Berman, Simmons & Goldberg, Lewiston, Me., for plaintiff.

John R. Linnell, Linnell, Choate & Webber, Auburn, Me., for Phillips.

George Z. Singal, Gross, Minsky, Mogul & Singal, Bangor, Me., for Zurn Ind.

Jeffrey A. Thaler, Richardson, Tyler & Troubh, Portland, Me., for Babcock & Wilcox.

MEMORANDUM AND ORDER

CYR, Chief Judge.

Plaintiff requests remand of this diversity action on the ground that the Verified Petition for Removal [petition] submitted by Defendant Babcock & Wilcox Canada Ltd. [Babcock] on February 17, 1984, was not timely filed. According to the petition Babcock received the state court complaint on January 31, 1984. However, codefendant Zurn Industries, Inc. [Zurn] was served on January 12, 1984 through its agent. Although...

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