FIRST NAT. BANK & TRUST CO. OF TULSA v. INGERTON

No. 4640.

207 F.2d 793 (1953)

FIRST NAT. BANK & TRUST CO. OF TULSA v. INGERTON.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied November 21, 1953.


Attorney(s) appearing for the Case

John M. Winters, Jr., Horace D. Ballaine, Hess Crossland, Tulsa, Okl., W. Clayton Carpenter and Thomas Keely, Denver, Colo., for appellant.

Richard H. Simon, Englewood, Colo., for appellee.

Before BRATTON, HUXMAN and MURRAH, United States Circuit Judges.


HUXMAN, Circuit Judge.

This is an appeal from the order of the trial court sustaining a motion to quash the service of summons and the complaint. Service of summons was attempted to be made on appellee, Estelle Garner Ingerton, under Rule 4(d) (1) of the Federal Rules of Civil Procedure, 28 U.S.C.A. The officer's return of service recited that the service on her was made by leaving a copy of the summons with "Richard Ingerton, a responsible person who is a resident...

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