SHAWE v. WENDY WILSON, INC.


171 F.Supp. 117 (1959)

Gail SHAWE, an infant by Annette Shawe and Earle K. Shawe, and Earle K. Shawe, Plaintiffs, v. WENDY WILSON, INC., a Division of Lewis Frimel Co., and Jaftex Corporation, Defendants. JAFTEX CORPORATION, Third Party Plaintiff, v. RANDOLPH MILLS, INC., and Iselin-Jefferson Co., Inc., Third Party Defendants.

United States District Court S. D. New York.

March 11, 1959.


Attorney(s) appearing for the Case

Zelenko & Elkind, New York City, for plaintiffs.

Richard Formidoni, New York City, for defendant and third party plaintiff Jaftex Corp.

Mendes & Mount, New York City, appearing specially for third party defendant Randolph Mills, Inc., John J. Cullen, New York City, of counsel.


DIMOCK, District Judge.

Third party defendant, Randolph Mills, Inc., hereinafter Randolph, moves to vacate the service upon it of the third party summons and complaint on the ground that it is a North Carolina corporation and that it is not doing business in New York.

Plaintiffs, citizens of Maryland, bring this action based on diversity of citizenship against defendant New York corporations to recover damages...

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