McCRORY CORPORATION v. CLOTH WORLD, INC.

No. 73 Civ. 4979(MP).

378 F.Supp. 322 (1974)

McCRORY CORPORATION and J. J. Newberry Co., Plaintiffs, v. CLOTH WORLD, INC., et al., Defendants.

United States District Court, S. D. New York.

June 24, 1974.


Attorney(s) appearing for the Case

Rubin Wachtel Baum & Levin, New York City, for plaintiffs, by Martin A. Coleman, and Jeffrey R. Mann, New York City.

White & Case, New York City, for defendants, by Thomas McGanney, New York City, Veryl L. Riddle, Robert F. Scoular, St. Louis, Mo.


OPINION

POLLACK, District Judge.

Defendants, Cloth World, Inc. and John Nelson (chairman of the board of Cloth World) seek dismissal of the amended complaint on the grounds that this Court lacks in personam jurisdiction over these defendants, Fed.R.Civ.P. 12(b)(2), and that venue in this District is improper, Rule 12(b)(3). The third defendant in this case, Lee Jinkins, President of Cloth World, has not yet been summoned herein.

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