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MURDOCH v. CITY OF ASBURY PARK

48 F.Supp. 18 (1942)

MURDOCH v. CITY OF ASBURY PARK.

District Court, S. D. New York.

July 30, 1942.

Attorney(s) appearing for the Case

Thomson, Wood & Hoffman, of New York City (Charles H. Tuttle, Stoddard B. Colby, David M. Wood, John B. Dawson, and Eli Bronstein, all of New York City, of counsel), for plaintiff.

Hawkins, Delafield & Longfellow, of New York City (E. J. Dimock, of New York City, Joseph F. Mattice, of Asbury Park, N. J., and Henry E. Russell, of New York City, of counsel), for defendant, appearing specially for the purpose and only for the purpose of this motion.

COXE, District Judge.

Defendant, a municipal corporation of the State of New Jersey, appearing specially, moves under Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, to set aside the service of the process and the levy of attachment, to vacate the order for the service of the process by publication and the warrant of attachment, and to dismiss the action.

The action is brought to recover a balance of $696,582.28, plus...

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