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DE SANTA v. NEHI CORPORATION

No. 79, Docket 21110.

171 F.2d 696 (1948)

DE SANTA v. NEHI CORPORATION.

United States Court of Appeals Second Circuit.

December 3, 1948.

Attorney(s) appearing for the Case

Bliss & Bouck, of Albany, N. Y. (Warner M. Bouck and Robert H. Ecker, both of Albany, N. Y., of counsel), for appellant.

Whalen, McNamee, Creble & Nichols, of Albany, N. Y. (Theodore Kiendl and William R. Meagher, both of New York City, Charles E. Nichols, of Albany, N. Y., and Cleveland C. Cory, of New York City, of counsel), for appellee.

Before SWAN, CHASE and FRANK, Circuit Judges.

SWAN, Circuit Judge.

This is an appeal from an order of June 2, 1948, dismissing the complaint in a removed action upon the ground that the service of process was void because (1) the defendant, a foreign corporation, was not doing business in the state of New York, and (2) the person upon whom summons was served was not its "managing agent," as required by subdivision 3 of section 229 of the New York Civil Practice Act. The appeal also brings up for review an interlocutory...

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