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SCHWARTZ v. ARTCRAFT SILK HOSIERY MILLS

31 F.Supp. 481 (1940)

SCHWARTZ et al. v. ARTCRAFT SILK HOSIERY MILLS, Inc.

District Court, S. D. New York.

February 3, 1940.

Attorney(s) appearing for the Case

Katz & Sommerich, of New York City (Otto C. Sommerich, of New York City, of counsel), for plaintiffs.

Simpson, Thacher & Bartlett, of New York City (Albert C. Bickford, of New York City, of counsel), and Bernard L. Frankel and Sundheim, Folz & Hirsch, all of Philadelphia, Pa., for defendant.

CONGER, District Judge.

This is a motion by the defendant, appearing specially to vacate the service of the summons herein, on the ground that it is not doing business within the State of New York.

This action is brought by plaintiffs as stockholders of the defendant corporation to recover dividends heretofore declared, but as yet unpaid.

It appears that the defendant is engaged in the business of manufacturing and selling hosiery; is a Delaware corporation...

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