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OLIVER AMERICAN T. CO. v. GOVERNMENT OF THE U. S. OF MEXICO

No. 96.

5 F.2d 659 (1924)

OLIVER AMERICAN TRADING CO., Inc., v. GOVERNMENT OF THE UNITED STATES OF MEXICO et al.

Circuit Court of Appeals, Second Circuit.

December 15, 1924.

Attorney(s) appearing for the Case

Robert F. Greacen and Alfred Hayes, both of New York City, for plaintiff in error.

Hardin & Hess, of New York City (Jerome S. Hess, Harold B. Elgar, and Ernest Angell, all of New York City, of counsel), for defendants in error.

Before ROGERS, HOUGH, and MANTON, Circuit Judges.

ROGERS, Circuit Judge.

This is an action at law for damages arising out of an alleged breach of contract in which the amount in controversy is $1,164,348.90. The suit was commenced on October 18, 1922, in the Supreme Court of New York. Service was made by attaching tangible personal property and credits within the state alleged to belong to the defendants and summons. Thereupon the government of Mexico appeared specially in the action and seasonably moved to vacate...

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