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CITY OF NEW YORK v. CONTINENTAL VITAMIN CORP.

No. 65 Civ. 3892.

254 F.Supp. 845 (1966)

The CITY OF NEW YORK, Plaintiff, v. CONTINENTAL VITAMIN CORP., Defendant.

United States District Court S. D. New York.

May 24, 1966.

Attorney(s) appearing for the Case

J. Lee Rankin, Corporation Counsel, New York City, for plaintiff; Morgan N. Lipton, Manuel Herman, New York City, of counsel.

Shea, Gallop, Climenko & Gould, New York City, by Bruce Hecker, New York City, for defendant; Hellring, Lindeman & Landau, Newark, N. J., by David R. Simon, Newark, N. J., of counsel.

McGOHEY, District Judge.

Continental Vitamin Corporation (Continental) is a New Jersey corporation. It is not licensed to do business and has no office in New York. It has moved to dismiss the complaint in this breach of contract action, for lack of in personam jurisdiction; or, in lieu thereof, to quash the summons served upon its president in New Jersey. The City of New York (City) contends its claim arose out of Continental's transaction of business in New York...

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