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MURPHY BROTHERS, INC. v. MICHETTI PIPE STRINGING, INC.

No. 97-1909.

526 U.S. 344 (1999)

119 S.Ct. 1322

143 L.Ed.2d 448

MURPHY BROTHERS, INC. v. MICHETTI PIPE STRINGING, INC.

Supreme Court of United States.

Decided April 5, 1999.

Attorney(s) appearing for the Case

Deborah Alley Smith argued the cause for petitioner. With her on the briefs was Rhonda Pitts Chambers.

J. David Pugh argued the cause for respondent. With him on the brief was James F. Archibald III.*

Ginsburg, J., delivered the opinion of the Court, in which Stevens, O'Connor, Kennedy, Souter, and Breyer, JJ., joined. Rehnquist, C. J., filed a dissenting opinion, in which Scalia and Thomas, JJ., joined, p. 357.

Justice Ginsburg, delivered the opinion of the Court.

This case concerns the time within which a defendant named in a state-court action may remove the action to a federal court. The governing provision is 28 U. S. C. § 1446(b), which specifies, in relevant part, that the removal notice "shall be filed within thirty days after the receipt by the defendant, through service or otherwise, of a copy of the [complaint]." The question presented is whether the named...

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