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BUFFALO BATT & FELT CORPORATION v. ROYAL MFG. CO.

27 F.2d 400 (1928)

BUFFALO BATT & FELT CORPORATION v. ROYAL MFG. CO.

District Court, W. D. New York.

July 3, 1928.

Attorney(s) appearing for the Case

Simon Fleischmann, of Buffalo, N. Y. (Martin Clark, of Buffalo, N. Y., of counsel), for the motion.

Goldring, Sherman, Reisman & Killeen, of Buffalo, N. Y. (Benjamin D. Reisman and Edward Wolkind, both of Buffalo, N. Y., of counsel), opposed.

ADLER, District Judge.

This is a motion for an order to set aside the summons issued herein and the service thereof upon the ground that the service of the said summons was not legally and properly made upon the defendant, and upon the further ground that the defendant, a corporation incorporated under the laws of New Jersey, was not at the time of the alleged service engaged in or doing business within the state of New York.

This action was originally instituted...

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