MARSH v. TILLIE LEWIS FOODS, INC.

Civ. 65-13W.

254 F.Supp. 490 (1966)

Max F. MARSH, Plaintiff, v. TILLIE LEWIS FOODS, INC., Chicago & Northwestern Railroad Company, Atchison, Topeka & Santa Fe Railroad Company, and Chicago, Burlington & Quincy Railroad Company, Defendants. CHICAGO & NORTHWESTERN RAILWAY COMPANY, Third-Party Plaintiff, v. NASH FINCH COMPANY, Third-Party Defendant.

United States District Court D. South Dakota, W. D.

May 25, 1966.


Attorney(s) appearing for the Case

Costello, Porter, Hill, Banks & Nelson, Rapid City, S. D., for plaintiff, Max Marsh.

Davenport, Evans, Hurwitz & Smith, Sioux Falls, S. D., for defendant, Tillie Lewis Foods.

Woods, Fuller, Shultz & Smith, Sioux Falls, S. D., for defendant, and third party plaintiff, Chicago & Northwestern Railroad Co.

Bangs, McCullen, Butler & Foye, Rapid City, S. D., for defendant, Atchison, Topeka & Santa Fe Railroad Co.

Kellar, Kellar & Driscoll, Lead, S. D., for defendant, Chicago, Burlington & Quincy Railroad Co.

Whiting, Lynn, Freiberg & Shultz, Rapid City, S. D., for third party defendant, Nash Finch Co.


DECISION ON MOTION AND ORDER

BECK, Chief Judge.

Each of two defendants in this case, Tillie Lewis Foods, Inc., and Atchison, Topeka & Santa Fe Railroad Company, both foreign corporations, are challenging the court's jurisdiction on the ground that neither were reached by the used substituted service under Chapter 27 of the South Dakota Sessions Laws of 1961, which provides:

"That section 11.2108 of the South Dakota Code of 1939 be, and the same...

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