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COMMERCIAL TRUST CO. v. UNITED STATES SHIPPING BD. E. F. CORP.

No. 266.

48 F.2d 113 (1931)

COMMERCIAL TRUST CO. v. UNITED STATES SHIPPING BOARD EMERGENCY FLEET CORPORATION.

Circuit Court of Appeals, Second Circuit.

March 9, 1931.

Attorney(s) appearing for the Case

Lampke & Stein, of New York City (William H. Darrow, of New York City, of counsel), for appellant.

George Z. Medalie, of New York City (John C. Donovan, and William E. Collins, Sp. Assts. to U. S. Atty., both of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

L. HAND, Circuit Judge.

The plaintiff took out a summons, which it served upon the defendant, and which disclosed nothing further as to its place of incorporation than that the plaintiff's name was the Commercial Trust Company of New Jersey. The defendant, the Fleet Corporation, appeared, and by stipulation obtained several extensions of its time to answer. When, by the filing of the complaint, it appeared that the plaintiff was a New Jersey corporation, it moved...

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