Murphy Brothers, Inc. v. Michetti Pipe Stringing, Inc., 526 U.S. 344, 10 (1999)

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Cite as: 526 U. S. 344 (1999)

Opinion of the Court

amendment so much as hints that Congress, in making changes to accommodate atypical state commencement and complaint filing procedures, intended to dispense with the historic function of service of process as the official trigger for responsive action by an individual or entity named defendant.5

IV

The Eleventh Circuit relied on the "plain meaning" of § 1446(b) that the panel perceived. See 125 F. 3d, at 1398. In the Eleventh Circuit's view, because the term " '[r]eceipt' is the nominal form of 'receive,' which means broadly 'to come into possession of' or to 'acquire,' " the phrase " '[receipt] through service or otherwise' opens a universe of means besides service for putting the defendant in possession of the complaint." Ibid. What are the dimensions of that "universe"? The Eleventh Circuit's opinion is unin-formative. Nor can one tenably maintain that the words "or otherwise" provide a clue. Cf. Potter v. McCauley, 186 F. Supp. 146, 149 (Md. 1960) ("It is not possible to state definitely in general terms the precise scope and effect of the word 'otherwise' in its context here because its proper application in particular situations will vary with state procedural requirements."); Apache Nitrogen Products, Inc. v.

("Th[e first clause of revised § 1446(b)], however, without more, would create further difficulty in those States, such as Kentucky, where suit is commenced by the filing of the plaintiff's initial pleading and the issuance and service of a summons without any requirement that a copy of the pleading be served upon or otherwise furnished to the defendant. Accordingly . . . the amendment provides that in such cases the petition for removal shall be filed within 20 days after the service of the summons.").

5 It is evident, too, that Congress could not have foreseen the situation posed by this case, for, as the District Court recognized, "[i]n 1949 Congress did not anticipate use of facsmile [sic] transmissions." App. A-23, n. 1. Indeed, even the photocopy machine was not yet on the scene at that time. See 9 New Encyclopædia Britannica 400 (15th ed. 1985) (noting that photocopiers "did not become available for commercial use until 1950").

353

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