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WESTERMAN v. GROW

198 F.Supp. 307 (1961)

Samuel L. WESTERMAN, Plaintiff, v. Robert E. GROW, Grow Solvent Company, Inc. and Metropolitan Telecommunications Corporation, Defendants.

United States District Court S. D. New York.

October 6, 1961.

Attorney(s) appearing for the Case

Gallop, Climenko & Gould, New York City, for plaintiff; Jesse Climenko, Martin I. Shelton, and Paul B. Bergins, New York City, of counsel.

Multer, Nova & Seymour, New York City, for defendant Metropolitan Telecommunications Corp.; Barnett J. Nova, New York City, of counsel.

METZNER, District Judge.

Defendant Metropolitan Telecommunications Corporation moves pursuant to F.R.Civ.Pro. 12(b), 28 U.S.C.A., for a dismissal of the complaint on the grounds that service of the summons was improperly made and that venue has been laid in the wrong district.

While the return of the marshal states that the person served on behalf of the corporation was a "foreman in charge", it is clear from reading the papers that this person was merely...

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