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McCULLY-SMITH ASSOCIATES, INC. v. ARMOUR & COMPANY

Civ. A. No. 69-480.

358 F.Supp. 331 (1973)

McCULLY-SMITH ASSOCIATES, INC., a corporation, Plaintiff, v. ARMOUR AND COMPANY, a corporation, and Daniel W. Smith, Defendants.

United States District Court, W. D. Pennsylvania.

March 22, 1973.

Attorney(s) appearing for the Case

Janet N. Valentine, Thomson, Rhodes & Grigsby, Pittsburgh, Pa., for plaintiff.

Thomas J. Jackson, Thorp, Reed & Armstrong, Henry W. Fulton, Jr., Kenney, Stevens, Clark & Semple, Pittsburgh, Pa., for defendants.

OPINION

TEITELBAUM, District Judge.

The threshold issue to the disposition of the pending motion of the defendant Daniel W. Smith to dismiss this diversity action (1) for failure to make proper service of process and, alternatively, (2) for failure to make service within the period of the applicable statute of limitations, is the nature of the action. The plaintiff contends that it is for tortious interference...

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