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: How AppealingEn banc Fourth Circuit considers deadline for removing lawsuit from state court to federal court in multi-defendant suit when the defendants do not all receive service of process on the same day
All pertinent sections of the removal statute contemplate cases with more than one defendant, except for sec. 1446(b). This conspicuous omission has created the most serious statutory construction problem when removal is sought in multidefendant actions.You can access today's 7-5 en banc ruling of the U.S. Court of Appeals for the Fourth Circuit on the removal timing issue at this link.
Full post as published by How Appealing on January 27, 2011 (boomark / email).
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