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LYFORD v. CARTER

No. 156, Docket 25860.

274 F.2d 815 (1960)

Frederic E. LYFORD and William C. Eberle, doing business under the firm name and style of Lyford & Eberle, Plaintiffs-Appellants, v. A. F. CARTER, Commonwealth Oil Refining Company, Inc., Jose Guillermo Vivas and Lucas P. Valdivieso, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided January 27, 1960.

Attorney(s) appearing for the Case

Enrico S. Sanfilippo, New York City, for plaintiffs-appellants.

Stephen Rackow Kaye, of Sullivan & Cromwell, New York City, for defendant-appellee Commonwealth Oil Refining Co., Inc.

Before CLARK, HINCKS, and WATERMAN, Circuit Judges.

PER CURIAM.

In this case plaintiffs filed a complaint and took out a summons on April 5, 1957, in an action claiming damages for misappropriation of property and loss of profits in connection with an oil refining venture in Puerto Rico. The summons and complaint were not served on defendant Commonwealth Oil Refining Company, Inc., until May 8, 1959, and have not yet been served on the other defendants, who are nonresidents of the District. Commonwealth has been amenable...

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