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ROGER v. A. H. BULL & CO.

No. 18, Docket 20993.

170 F.2d 664 (1948)

ROGER et al. v. A. H. BULL & CO., Inc.

United States Court of Appeals Second Circuit.

November 5, 1948.

Attorney(s) appearing for the Case

Duberstein & Nimkoff, of New York City (Wilbur Duberstein, of New York City, of counsel), for plaintiffs-appellants.

Kirlin, Campbell, Hickox & Keating, of New York City (James H. Herbert and John J. McDonnell, both of New York City, of counsel), for defendant-appellee.

Before L. HAND, Chief Judge, and SWAN and CHASE, Circuit Judges.

CHASE, Circuit Judge.

This appeal requires decision whether the rule of Neirbo Co. v. Bethlehem Shipbuilding Corp., 308 U.S. 165, 60 S.Ct. 153, 84 L.Ed. 167, 128 A.L.R. 1437 as to waiver of the venue provisions of § 51 of the Judicial Code, 28 U.S.C.A. § 112, as it was before the revision embodied in § 1391 Public Law 773, 80th Cong., 2d Sess., June 25, 1948, by a foreign corporation in designating an agent for the service...

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