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HARFORD v. SMITH

Civ. A. No. 647-E.

272 F.Supp. 831 (1967)

Paulette J. HARFORD and Oris Harford, Plaintiffs, v. Gilbert P. SMITH and Kathryn A. Smith, Defendants. Gilbert P. SMITH and Kathryn A. Smith, Third-Party Plaintiffs, v. BUYRITE MERCHANDISING COMPANY, a corporation, doing business as the Gas House-Home Gas Equipment Company, Third-Party Defendant.

United States District Court N. D. West Virginia.

September 12, 1967.

Attorney(s) appearing for the Case

Carl B. Galbraith, Ronald W. Kasserman, Wheeling, W. Va., for plaintiffs.

Richard H. Talbott, Jr., Elkins, W. Va., for defendants and third party plaintiffs.

W. E. Mohler, Charleston, W. Va., L. Baker Fowler, Elkins, W. Va., for third party defendant.

MAXWELL, Chief Judge.

On August 19, 1966, this Court denied a motion to quash service of process sought by the third-party defendant Buyrite Manufacturing Company, an Ohio corporation. Harford v. Smith, 257 F.Supp. 578 (N.D.W.Va.1966). Buyrite has now renewed that motion. In addition, the third-party defendant moves for summary judgment in its favor.

Supporting the renewed motion to quash, Buyrite places reliance on a...

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