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JOS. MULLER CORP. ZUR. v. SOCIETE AN. DEGER. ET D'ARM.

No. 154, Docket 74-1889.

508 F.2d 814 (1974)

JOSEPH MULLER CORPORATION ZURICH, Plaintiff-Appellant, v. SOCIETE ANONYME DE GERANCE ET D'ARMEMENT et al., Defendants, Gazocean International, S.A., et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 31, 1974.

Attorney(s) appearing for the Case

Joseph W. Burns, New York City (Burns, Van Kirk, Greene & Kafer, New York City, on the brief), for plaintiff-appellant.

Sanford M. Litvach, New York City (Doris K. Shaw, Donovan, Leisure, Newton & Irvine, New York City, on the brief) for defendant-appellee, Mundo Gas, S.A.

Richard E. Carlton, Michael Winger, New York City (Sullivan & Cromwell, New York City, on the brief), for defendants-appellees, Petronia, Societe Anonymous.

Victor S. Friedman, Peter B. Sobol, Fried, Frank, Harris, Schriever & Jacobson, New York City, on the brief for defendants-appellees, Gazocean International S.A. and Gazocean France.

Before CLARK, Associate Justice, and MOORE and TIMBERS, Circuit Judges.

PER CURIAM:

On September 25, 1969, appellant, a Swiss corporation, filed this private antitrust action in the District Court, naming six foreign and domestic corporations as defendants. Two of these corporations were served with the complaint at that time.1 The remaining four, appellees herein, were not served until December of 1973, over four years later. Upon return and pursuant to Fed.R. Civ.P. 41(b), appellees moved for an order dismissing...

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