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AVERY v. V.P. WINTER DISTRIBUTING CO.

No. 2:92-CV-53.

793 F.Supp. 96 (1992)

James E. AVERY, Plaintiff, v. V.P. WINTER DISTRIBUTING COMPANY, Defendant.

United States District Court, D. Vermont.

May 15, 1992.

Attorney(s) appearing for the Case

Harry A. Black, Black, Black & Davis, White River Junction, Vt., for plaintiff.

Heather Briggs, Downs Rachlin & Martin, Burlington, Vt., for defendant.

OPINION AND ORDER

FRED I. PARKER, Chief Judge.

This diversity action began in state court and was removed to federal court by defendant on February 12, 1992. Plaintiff moves to remand the action to state court because the notice of removal was not filed within the thirty-day period from service of the complaint on the defendant as required by 28 U.S.C. § 1446(b).

The facts are not in dispute. The complaint and summons were properly served on...

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