FRIEDR. ZOELLNER (NEW YORK) CORP. v. TEX METALS CO.

No. 67-Civ. 1722.

278 F.Supp. 52 (1967)

FRIEDR. ZOELLNER (NEW YORK) CORPORATION, Plaintiff, v. TEX METALS COMPANY, Defendant.

United States District Court S. D. New York.

November 14, 1967.


Attorney(s) appearing for the Case

Garfield, Solomon & Mainzer, New York City, for plaintiff; by Elliott J. Solomon, New York City, of counsel.

Cahill, Gordon, Sonnett, Reindel & Ohl, New York City, for defendant; by Lawrence J. McKay, Thomas F. Curnin, New York City, of counsel.


CROAKE, District Judge.

MEMORANDUM

This is a motion by the defendant, Tex Metals Company (TEX METALS) for an order pursuant to Rule 12(b) (2), Fed.R.Civ.P., setting aside service of process and dismissing the complaint on the ground that this court lacks jurisdiction over the person.

The action, which alleges breach of a joint venture agreement between TEX METALS and Friedr. Zoellner Corporation (ZOELLNER), was first instituted in the Supreme Court...

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