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SCHWARZ v. ARTCRAFT SILK HOSIERY MILLS

Nos. 199, 200.

110 F.2d 465 (1940)

SCHWARZ v. ARTCRAFT SILK HOSIERY MILLS, Inc., et al. SCHWARZ et al. v. SAME.

Circuit Court of Appeals, Second Circuit.

March 18, 1940.

Attorney(s) appearing for the Case

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

Katz & Sommerich, of New York City (Otto C. Sommerich and A. Joseph Geist, both of New York City, of counsel), for plaintiffs-appellants.

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

CHASE, Circuit Judge.

Two appeals have been consolidated for hearing. The service of summons in each of two actions brought in the District Court for the Southern District of New York was vacated and the actions dismissed. As nothing turns upon any distinction between the actions, what is hereinafter said in respect to the cause in which appellant is the sole plaintiff will suffice also to dispose of the appeal in the action...

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