SIMONSON v. INTERNATIONAL BANK


184 F.Supp. 362 (1960)

Albert C. SIMONSON, Plaintiff, v. INTERNATIONAL BANK, also known as International Bank of Washington, Allied Transportation Corporation and Lake International Corporation, Defendants.

United States District Court S. D. New York.

June 9, 1960.


Attorney(s) appearing for the Case

Becker & Martin, New York City (appearing specially and solely for the purposes of this motion) (Emanuel Becker, New York City, of counsel), for defendant International Bank.

Wasserman & Shagan, New York City (Barry Golomb, New York City, of counsel), for plaintiff.


MacMAHON, District Judge.

Defendant International Bank makes this motion, pursuant to Rule 12(b) (2) and (3) of the Federal Rules of Civil Procedure, 28 U.S.C.A., for an order vacating service of the summons and complaint and dismissing the action on the ground that it is a foreign corporation organized under the laws of the state of Arizona and is not subject to process in this district because it is not doing business in New York.

A cross-motion by the plaintiff...

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