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BROOKS v. ROSIERE

Civ. A. No. 83-5962.

585 F.Supp. 351 (1984)

Raney BROOKS, Jeanetter Brooks, Plaintiffs, v. Stephen ROSIERE, Individually and as a Police Officer of the City of New Orleans Through the New Orleans Police Department, Fred McFarlane, Individually and as a Police Officer of the City of New Orleans Through the New Orleans Police Department, Henry Morris, Individually and as Chief or Commissioner of Police of the City of New Orleans Through the New Orleans Police Department, The City of New Orleans, Reynard Rochon, Individually and as Chief Administrator For the City of New Orleans, Transit Casualty Company, American Centennial Insurance Co., Defendants.

United States District Court, E.D. Louisiana.

April 24, 1984.

Attorney(s) appearing for the Case

Trevor G. Bryan, New Orleans, La., for plaintiffs.

J. Michael Johnson, Debra J. Fischman, New Orleans, La., for defendants.

Harry Rosenberg, New Orleans, La., for defendant Stephen Rosiere.

MEMORANDUM OPINION AND ORDER

CASSIBRY, Senior District Judge:

Plaintiffs seek to remand this case to state court for defendants' failure to comply with the removal procedure set out in 28 U.S.C. § 1446. Section 1446 requires a defendant to petition for removal within 30 days of service upon him. Stephen Rosiere, the first defendant served in this case, did not petition for removal within 30 days.

Suit was filed in Civil District Court for the...

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