CONSOLIDATED INDEMNITY & INS. CO. v. ALLIANCE CAS. CO.

No. 77.

68 F.2d 21 (1933)

CONSOLIDATED INDEMNITY & INS. CO. v. ALLIANCE CASUALTY CO.

Circuit Court of Appeals, Second Circuit.

December 11, 1933.


Attorney(s) appearing for the Case

Richards & Affeld, of New York City (Frank Sowers, of New York City, of counsel), for appellant.

A. Bertram Samuels, of New York City (John E. Leddy and Morris G. Duchin, both of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and CHASE, Circuit Judges.


SWAN, Circuit Judge.

This action was commenced in the Supreme Court of New York County and was removed into the District Court on the ground of diverse citizenship. Appearing specially the defendant moved to vacate the attempted service of summons, and, after its motion was overruled, preserved the point by pleading lack of jurisdiction over its person. Whether the defendant was validly served with process is the first question for consideration.

Section 229...

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