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KIRKLAND v. SAPPHIRE INTERNATIONAL TOURING, LTD.

No. 65 Civ. 1503.

262 F.Supp. 309 (1966)

William KIRKLAND, Plaintiff, v. SAPPHIRE INTERNATIONAL TOURING, LTD. and F. I. T. Car Hire, Inc., Defendants.

United States District Court S. D. New York.

November 17, 1966.

Attorney(s) appearing for the Case

Davis Polk Wardwell Sunderland & Kiendl, New York City, for plaintiff; J. Roger Carroll, New York City, of counsel.

Smith & Steibel, New York City, for defendant Sapphire International Touring, Ltd.; Ludwig A. Saskor, New York City, of counsel.

OPINION

McLEAN, District Judge.

Defendant Sapphire International Touring, Ltd. (Sapphire) moves to set aside two purported services of process upon it and to dismiss the action against it for lack of personal jurisdiction. One service was made in New York upon F. I. T. Car Hire, Inc. (FIT) as the alleged agent of Sapphire. The other was made upon Sapphire in England under the New York "long arm" statute (CPLR §§ 302, 313).

The action arises...

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