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HALLENBECK v. TRANSGAS, INC.

No. 99-CV-369LEK/RWS.

53 F.Supp.2d 543 (1999)

Robert HALLENBECK and Kelley Hallenbeck, Plaintiffs, v. TRANSGAS, INC., Defendant.

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

June 16, 1999.

Attorney(s) appearing for the Case

Office of Frank T. Mahady, Albany, NY (Frank T. Mahady, of counsel), for Plaintiffs.

Lester, Schwab Law Firm, New York City (Howard F. Strongin, of counsel), for Defendant.

DECISION AND ORDER

KAHN, District Judge.

Plaintiffs Robert Hallenbeck and Kelly Hallenbeck ("Plaintiffs") originally filed this negligence action in state court. Defendant filed a notice of removal on March 11, 1999, asserting diversity jurisdiction. Plaintiffs now move to remand, arguing that the notice of removal was untimely and that the Defendant took actions in state court which constituted a waiver of the right to removal. This Court finds that...

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