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CASSARA v. RALSTON

No. 93 Civ. 5064 (SS).

832 F.Supp. 752 (1993)

Calogero CASSARA and Anna Cassara, Plaintiffs, v. Lois Suzanne RALSTON and Giannini Trucking Co., Inc., Defendants.

United States District Court, S.D. New York.

October 6, 1993.

Attorney(s) appearing for the Case

Antonia Vozza, Bronx, NY, for plaintiffs.

Thurm & Heller, New York City by Roula Theofanis, Jennifer E. Rothschild, for defendants.

OPINION AND ORDER

SOTOMAYOR, District Judge.

This motion, brought sua sponte by this Court by Order to Show Cause, raises two questions: first, whether the removal in this action was timely; and second, whether an action can or should be remanded to state court solely because the Notice of Removal fails to state or otherwise establish that the removal is timely under 28 U.S.C. § 1446...

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