JAFTEX CORPORATION v. RANDOLPH MILLS, INC.

No. 346, Docket 26201.

282 F.2d 508 (1960)

JAFTEX CORPORATION, Third-Party Plaintiff-Appellant, v. RANDOLPH MILLS, INC., Third-Party Defendant-Appellee. 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.

United States Court of Appeals Second Circuit.

Decided August 22, 1960.


Attorney(s) appearing for the Case

Philip J. O'Brien, Jr., New York City (Philip J. O'Brien, Sr., Richard Formidoni, and John G. Coleman, New York City, on the brief), for Jaftex Corp., third-party plaintiff-appellant.

Norman C. Mendes, of Mendes & Mount, New York City, for Randolph Mills, Inc., third-party defendant-appellee.

Before LUMBARD, Chief Judge, and CLARK and FRIENDLY, Circuit Judges.


CLARK, Circuit Judge.

The question presented on this appeal is the validity of service of process of a third-party complaint upon the New York agent of the third-party defendant, Randolph Mills, Inc., a North Carolina corporation. The original diversity action brought by plaintiffs, citizens of Maryland, against defendant New York corporations sought damages for personal injuries claimed to have been sustained by the infant plaintiff when a portion of a pajama outfit...

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