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ELEVATOR SUPPLIES CO. v. WAGNER MFG. CO.

54 F.2d 937 (1931)

ELEVATOR SUPPLIES CO., Inc., v. WAGNER MFG. CO.

District Court, S. D. New York.

February 2, 1931.

Attorney(s) appearing for the Case

Darby & Darby and Samuel E. Darby, all of New York City, for plaintiff.

Howson & Howson and Hubert Howson, all of New York City, for defendant.

BONDY, District Judge.

The plaintiff having made a motion for a preliminary injunction in a patent infringement suit, the defendant moves for an order setting aside and quashing the service of subpœna and dismissing the bill of complaint for lack of jurisdiction on the ground that the defendant has no regular and established place of business in the Southern District of New York within the meaning of Judicial Code § 48 (28 USCA § 109).

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