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CENT. SCH. DIST. 2 v. EVANS CORP.

49 Misc.2d 924 (1966)

Central School District No. 2, Town of Horseheads, Big Flats, Elmira, Chemung County, Plaintiff, v. C. R. Evans Corporation et al., Defendants. Donald G. Fudge et al., Doing Business as Fudge and Underhill, Third-Party Plaintiffs, v. American Gilsonite Company, Third-Party Defendant.

Supreme Court, Chemung County.

March 9, 1966

Attorney(s) appearing for the Case

Sayles, Evans, Brayton, Palmer & Tifft (Pierre W. Evans of counsel), for third-party defendant appearing specially. Teeter, Harpending, Fox & Swartwood for Donald G. Fudge and another, third-party plaintiffs.

ROBERT O. BRINK, J.

American Gilsonite Company, the third-party defendant in the above-entitled action, has moved, pursuant to CPLR 3211 (subd. [a], par. 8), asking that the court dismiss the third-party complaint and set aside the service upon the ground that personal jurisdiction of the defendant was not obtained.

Third-party plaintiff, defendant in the above-entitled action asserts that personal jurisdiction...

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