ALLEN B. DuMONT LABS., INC. v. MARCALUS MFG. CO., INC.


30 N.J. 290 (1959)

152 A.2d 841

ALLEN B. DU MONT LABORATORIES, INC., A DELAWARE CORPORATION, PLAINTIFF, v. MARCALUS MANUFACTURING CO., INC., A NEW JERSEY CORPORATION, DEFENDANT-RESPONDENT, AND FRANKLIN G. FLOETE, ADMINISTRATOR OF GENERAL SERVICES, ORDERED ADDED AS A PARTY DEFENDANT AS TRANSFEREE OF THE RECONSTRUCTION FINANCE CORPORATION, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided June 30, 1959.


Attorney(s) appearing for the Case

Mr. Harold S. Harrison, of the California Bar, argued the cause for defendant appellant (Messrs. Perry W. Morton, Assistant Attorney General; Chester A. Weidenburner, United States Attorney, Newark, New Jersey; Roger P. Marquis and Harold S. Harrison, attorneys, Department of Justice).

Mr. James A. Hession argued the cause for defendant-respondent (Messrs. O'Mara, Schumann, Davis & Lynch, attorneys; Messrs. Frederic W. Schumann and James A. Hession, of counsel).

Mr. James R.E. Ozias argued the cause for plaintiff as amicus curiae (Messrs. McCarter & English, attorneys; Mr. James R.E. Ozias, of counsel).


The opinion of the court was delivered by WEINTRAUB, C.J.

Defendant, Marcalus Manufacturing Co., Inc., filed a counterclaim in which it included as a party defendant the Reconstruction Finance Corporation (hereafter R.F.C.), a wholly-owned corporation of the United States. Upon the thesis that the counterclaim was in rem or quasi in rem, process was served upon R.F.C. outside this State by mail pursuant to court...

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