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AEROIL BURNER CO. v. LITTLEFORD

15 F.2d 256 (1926)

AEROIL BURNER CO., Inc., v. LITTLEFORD et al.

District Court, S. D. New York.

September 20, 1926.

Attorney(s) appearing for the Case

Kremer & Leavitt, of New York City, for plaintiff.

Howard W. Dix, of New York City (Philip Farnsworth, of New York City, of counsel), for defendants.

THACHER, District Judge.

Upon motion to dismiss for lack of jurisdiction of the person, jurisdictional facts may be controverted, although alleged in the bill of complaint. Miller v. Minerals Separation, Ltd. (D. C.) 275 F. 380. The question cannot be presented by answer, because that would waive it. Harkness v. Hyde, 98 U.S. 476, 25 L. Ed. 237. If within the rule in Tyler Co. v. Ludlow-Saylor Wire Co., 236 U.S. 723<...

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