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OZDOBA v. VERNEY BRUNSWICK MILLS

152 F.Supp. 139 (1946)

Jesse OZDOBA and Mariam Berlfein, doing business under the firm name and style of Ronald Fabrics Company, Plaintiffs, v. VERNEY BRUNSWICK MILLS, Inc., Verney Fabrics Corp., Verney Mills, Inc., Gilbert Verney, Harrison C. Biggi, Oliver Iselin and Floyd W. Jefferson, individually and as co-partners, doing business under the firm name and style of Iselin-Jefferson Co., Cabot Manufacturing Co., Inc., Jacob Ziskind, and First National Bank of Boston, Defendants.

United States District Court S. D. New York.

November 23, 1946.

Attorney(s) appearing for the Case

J. Norman Lewis, and Herbert N. Bobrow, New York City, by J. Norman Lewis, James P. Durante, and Benjamin Bartel, New York City, for plaintiffs.

Weil, Gotshal & Manges, New York City, by Horace S. Manges, Jacob F. Raskin, and Murray W. Neitlich, New York City, for defendants Verney Brunswick Mills, Inc., Verney Fabrics Corp., Verney Mills, Inc., Gilbert Verney and Harrison C. Biggi.

Kobbe, Thatcher & Frederick, New York City, by Karl T. Frederick, New York City, for defendant Floyd W. Jefferson.

BONDY, District Judge.

The First National Bank of Boston, appearing specially, moves for an order vacating and setting aside the attempted service of the summons and complaint upon it on the grounds that the person to whom the process was delivered was not an officer, director, employee, managing or general agent of the Bank or of any office thereof, that the corporation of which he was an officer was not a managing or general agent of the Bank or of any office thereof...

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