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UNITED STATES v. SCUDDER

2 F.2d 632 (1924)

UNITED STATES v. SCUDDER et al.

District Court, E. D. New York.

February 26, 1924.

Attorney(s) appearing for the Case

Ralph C. Greene, U. S. Atty., of Brooklyn, N. Y., and Guy O. Walser, Asst. U. S. Atty., of New York City.

Dunnington, Walker & Gregg, of New York City, for defendant Marvyn Scudder, appearing specially and not otherwise.

CAMPBELL, District Judge.

This is a motion to vacate and set aside what is alleged to be an attempted service of the summons in this action on the defendant Marvyn Scudder, individually and as one of the executors of Moses L. Scudder, deceased, to quash the marshal's return thereon, and to dismiss the complaint on the ground that the court never acquired jurisdiction over the defendant Marvyn Scudder, in that the action was not begun as prescribed in section 1320...

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