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BABYLON MILK & CREAM CO. v. ROSENBUSH

No. 64-C-218.

227 F.Supp. 471 (1964)

BABYLON MILK & CREAM CO., Inc., Plaintiff, v. John ROSENBUSH, first name fictitious, same being unknown to plaintiff, Defendant.

United States District Court E. D. New York.

March 19, 1964.

Attorney(s) appearing for the Case

Joseph P. Hoey, U. S. Atty., for defendant; Martin Wright, Asst. U. S. Atty., of counsel.

Harry Rosenberg, West Hempstead, N. Y., for plaintiff.

ZAVATT, Chief Judge.

This is an action "for money only." Uniform District Court Act § 902(a) (1). The plaintiff brought the action in the Suffolk County District Court against an employee of the United States Internal Revenue Service. It was removed to this court pursuant to 28 U.S.C. § 1442 (a) (1). The defendant now moves pursuant to Rule 12(b) (2) of the Federal Rules of Civil Procedure to dismiss the action on the ground of improper service. The plaintiff...

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