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JENKINS v. DELL PUBLISHING COMPANY

Civ. A. No. 12944.

130 F.Supp. 104 (1955)

William JENKINS, Susann Jenkins, Katheryn Jenkins, Sarah Jenkins, David Jenkins, and Faye Jenkins, by Agnes Jenkins, Their Natural Guardian, and Agnes Jenkins v. DELL PUBLISHING COMPANY, Incorporated, a New York Corporation.

United States District Court, W. D. Pennsylvania.

On Reargument June 8, 1955.

Attorney(s) appearing for the Case

William C. Smith, Jr., Smith, Weaver, Richardson & Smith, Pittsburgh, Pa., for plaintiffs.

Charles C. Arensberg, Patterson, Crawford, Arensberg & Dunn, Pittsburgh, Pa., for defendant.

On Reargument June 8, 1955. See 132 F.Supp. ___.

MARSH, District Judge.

This diversity action comes before the court on the defendant foreign corporation's motion to dismiss the complaint for lack of jurisdiction. Specifically, the grounds set forth by defendant are:

"a. That the defendant is a corporation organized under the laws of New York and is not doing business in the Western District of Pennsylvania and was not and is not subject to service...

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