GOLDSTEIN v. CHICAGO, R. I. & P. R. CO.

Civ. A. Nos. 4650, 4651.

93 F.Supp. 671 (1950)

GOLDSTEIN et al. v. CHICAGO, R. I. & P. R. CO. GOLDSTEIN v. CHICAGO, R. I. & P. R. CO.

United States District Court W. D. New York.

October 10, 1950.


Attorney(s) appearing for the Case

Julius H. Michaels, Rochester, N. Y., for plaintiffs.

Brown, Kelly, Turner & Symons, Buffalo, N. Y. (Franklin R. Brown, Buffalo, N. Y., of counsel), for defendant.


KNIGHT, Chief Judge.

Each of the two actions above noted involve the same questions of law, and they will be considered together.

This is a motion by the defendant for dismissal of the action upon the ground that the service was ineffective to secure jurisdiction of said defendant, and that the court lacks jurisdiction of defendant; that the service of the summons and complaint was not made on a person authorized either by law or otherwise to receive such...

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