SKIDMORE v. GREEN


33 F.Supp. 529 (1940)

SKIDMORE v. GREEN et al.

District Court, S. D. New York.

April 15, 1940.


Attorney(s) appearing for the Case

Tanner, Sillcocks & Friend, of New York City, for plaintiff.

Barber, Matters & Gay, of New York City, for defendant Whittaker, appearing specially on this motion.


MANDELBAUM, District Judge.

This is a motion to dismiss the complaint against defendant Samuel Whittaker, on the ground that this court has no jurisdiction over him. Allegedly, process was not properly served, pursuant to Rule 4 (d) (1) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, since the summons and complaint were not left at defendant Whittaker's usual place of abode and he is no longer a resident of the State of New York.

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