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SCHNUR & COHAN, INC. v. McDONALD

No. 9182.

328 F.2d 103 (1964)

SCHNUR & COHAN, INC., Appellant, v. D. L. McDONALD, t/a D. L. McDonald Construction Company, Scholl Plumbing, Heating and Air Conditioning, Inc., Lucian Dunn, t/a Dunn's Electric Service, Midland-Ross Corporation, Richmond County Industrial Development Corporation, Penn Controls, Inc., and North Carolina Natural Gas Corporation, Appellees.

United States Court of Appeals Fourth Circuit.

Decided February 25, 1964.

Attorney(s) appearing for the Case

Robin L. Hinson and J. D. Blount, Jr., Rockingham, N. C. (Jordan, Wright, Henson & Nichols, Greensboro, N. C., and Leath, Blount & Hinson, Rockingham, N. C., on brief), for appellant.

Fred B. Helms, Charlotte, N. C. (Helms, Mulliss, McMillan & Johnston, Charlotte, N.C., on brief), for appellee, Penn Controls, Inc.

Before BOREMAN and J. SPENCER BELL, Circuit Judges, and BARKSDALE, District Judge.

PER CURIAM.

Appellant, the sole plaintiff below, brought its action in the District Court for the Middle District of North Carolina against several named defendants, including Penn Controls, Inc., an Indiana corporation. Penn Controls appeared specially and moved that the action be dismissed as to it for lack of proper service of process. After a full hearing on the motion, the court filed a memorandum opinion and entered an order dismissing the action as to Penn...

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