This section contains the nature of the case and procedural background.

Michetti (P) filed a complaint in Alabama State court for damages on a breach of contract and fraud by Murphy (D). The complaint was filed on January 26, 1996, and a courtesy copy of the lawsuit was faxed to one of D's vice presidents. The parties engaged in settlement discussions until February 12, 1996, when P served D by certified mail. On March 13, 1996, D removed under Section 1441 to federal court. P moved to remand the case in that the courtesy copy had been delivered 44 days prior and 14 days past the 30-day time limit. The District Court denied removal in that official service did not take place until 14 days later. An interlocutory appeal was permitted, and the 11th Circuit reversed and remanded.

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