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MOSER v. BOATMAN

No. 74 C 1471.

392 F.Supp. 270 (1975)

Harvey S. MOSER, Plaintiff, v. Bill BOATMAN and Ellen Boatman, Defendants.

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

April 17, 1975.

Attorney(s) appearing for the Case

Jesse A. Falzone, Brooklyn, N. Y., for plaintiff.

Bresler, Kallman, Hackmyer & Walzer, New York City, for defendants.

OPINION and ORDER

PLATT, District Judge.

In this diversity action for breach of contract and conversion, defendants, citizens of Ohio move pursuant to Rule 12(b)(2) and (5) of the Federal Rules of Civil Procedure for dismissal on the ground that this Court lacks in personam jurisdiction, and on the related ground that dismissal is mandated by Rule 12(b)(5) because of insufficiency of service of process.

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