PUBLIX FOOD MARKET, INC. v. BITAR

Civ. A. No. 57-840.

156 F.Supp. 274 (1957)

PUBLIX FOOD MARKET, Inc., et al. v. Wilson BITAR and Donald L. Mendel Partners d/b/a Prudential Premium Co.

United States District Court D. Massachusetts.

November 7, 1957.


Attorney(s) appearing for the Case

Cohn, Riemer & Pollack, Jerome Medalie, Boston, Mass., Peabody, Brown, Rowley & Storey, Joseph T. Fahy, Boston, Mass., for plaintiff.

Edward H. Stevens, Brockton, Mass., for defendant.


ALDRICH, District Judge.

This is a diversity action against two partners, residents of California. The plaintiffs are Massachusetts corporations. The amended complaint alleges that the parties entered into a contract— it is not alleged where—and that defendants broke it. The defendants move to quash service. Service was made both upon the Secretary of the Commonwealth, in reliance upon Massachusetts G.L.(Ter.Ed.1932) Ch. 227, § 5, and, in Springfield...

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