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METROPOLITAN STAPLE CORP. v. SAMUEL MOORE & CO.

No. 67-Civ. 259.

278 F.Supp. 85 (1967)

METROPOLITAN STAPLE CORP., Plaintiff, v. SAMUEL MOORE & CO., Defendant.

United States District Court S. D. New York.

October 23, 1967.

Attorney(s) appearing for the Case

Bader & Bader, New York City, for plaintiff.

Holland, Armstrong, Wilkie & Previto, New York City, for defendant, by Teare, Teare & Sammon, Cleveland, Ohio, of counsel.

MEMORANDUM

CROAKE, District Judge.

This is a motion under Rule 12(b) (2), (3) and (4), Fed.R.Civ.P., for an order to quash the return of service of the process of the complaint and to dismiss the complaint on the following grounds: 1. the court lacks jurisdiction over the person of the defendant; 2. the action is laid in the improper venue; and (3) there is an insufficiency in the service of process.

The underlying action seeks a declaratory judgment...

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