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GIBBS v. RCA VICTOR DISTRIBUTING CORPORATION

No. 1955.

214 F.Supp. 52 (1963)

Robert GIBBS and Grace L. Gibbs, d/b/a Appliances by Gracie, Plaintiffs, v. RCA VICTOR DISTRIBUTING CORPORATION, and Appliance Buyers Credit Corporation, Defendants.

United States District Court W. D. Missouri, S. D.

February 13, 1963.

Attorney(s) appearing for the Case

Ivella McWhorter Elsey, Springfield, Mo., for plaintiffs.

Schwab & Dwyer, Springfield, Mo., for defendants.

JOHN W. OLIVER, District Judge.

This case pends on the separate motions of both defendants to quash service and the motion of RCA Victor to dismiss.

We must rule the motions to quash in spite of the fact that regardless of our decision on that matter the question is quite academic. Both defendants admit that they are authorized to do business in this state, and that they have a registered agent for service. Section 1448 of Title 28 United States Code, provides...

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