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FOCHT v. SOUTHWESTERN SKYWAYS, INC.

Civ. A. Nos. 7704, 7861.

220 F.Supp. 441 (1963)

Josiah Lawrence FOCHT, Plaintiff, v. SOUTHWESTERN SKYWAYS, INC., Defendant and Third-Party Plaintiff, v. CESSNA AIRCRAFT COMPANY, Third-Party Defendant. Joseph Kenmuir FICKLIN, Jr., Plaintiff, v. SOUTHWESTERN SKYWAYS, INC., Defendant and Third-Party Plaintiff, v. CESSNA AIRCRAFT COMPANY, Third-Party Defendant.

United States District Court D. Colorado.

August 5, 1963.

Attorney(s) appearing for the Case

Forest E. Clark, Jr., Denver, Colo., for plaintiffs.

Yegge, Hall & Shulenburg, Edward C. Eppich, Denver, Colo., for defendant and third-party plaintiff.

Weller, Friedrich & Hickisch, W. Robert Ward, Denver, Colo., for third-party defendant.

DOYLE, District Judge.

Third party defendant Cessna Aircraft Company has moved to quash the return of service upon the ground that it was not doing business in the State of Colorado at the time that summons was served; and secondly, that the attempt to obtain service on it by serving a shareholder was not valid. The identical questions are present in both cases, thus this determination will apply to Civil Action No. 7704 and No. 7861.

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