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TRUNCALE v. UNIVERSAL PICTURES CO.

Civ. No. 41-783.

82 F.Supp. 576 (1949)

TRUNCALE et al. v. UNIVERSAL PICTURES CO., Inc. et al.

United States District Court S. D. New York.

January 3, 1949.

Attorney(s) appearing for the Case

Millard & Greene, of New York City, for plaintiff.

Milton Pollack, of New York City, (Pomerantz, Levy, Schreiber & Haudek and William E. Haudek, all of New York City, of counsel), for plaintiff-intervenor.

H. G. Pickering (of Mudge, Stern, Williams & Tucker), of New York City (Robert E. Walsh, of New York City, of counsel), for defendants.

KAUFMAN, District Judge.

The following motions are now before this court:

(1) A motion by defendant Cowdin to quash the amended summons and vacate and set aside the service thereof, and of the amended complaint, on him, and to dismiss the action on the grounds (a) that prior to such service the action against him had abated by virtue of Rule 1 of the Civil Rules of this court and (b) the venue is improper; (2) A motion by defendant

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