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WALTHAM PRECISION INSTRUMENT CO. v. McDONNELL AIR. CORP.

No. 6010.

310 F.2d 20 (1962)

WALTHAM PRECISION INSTRUMENT COMPANY, Inc., Plaintiff, Appellant, v. McDONNELL AIRCRAFT CORPORATION, Defendant, Appellee.

United States Court of Appeals First Circuit.

As Amended on Denial of Rehearing December 5, 1962.

Attorney(s) appearing for the Case

David A. Rakov, Boston, Mass., with whom Sumner Z. Kaplan and Kaplan & Kaplan, Boston, Mass., were on brief, for appellant.

James C. Heigham, Boston, Mass., with whom Choate, Hall & Stewart, Boston, Mass., was on brief, for appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

HARTIGAN, Circuit Judge.

This is an appeal by plaintiff-appellant from a judgment of the United States District Court for the District of Massachusetts granting defendant-appellee's motion to dismiss in an action growing out of an alleged breach of contract by defendant and from an order denying plaintiff's motion under Rules 52 and 59. The basis of defendant's motion to dismiss is that it is not subject to service of process in the District of Massachusetts and that...

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