Glover v. Daniels Motor Freight, Inc.

BURNS, District Judge.

Plaintiff, alleging Pennsylvania citizenship, has filed an action against defendant, an Ohio corporation, because of a collision at Union City, Pennsylvania. Substituted service of process was made upon the Secretary of the Commonwealth.

The motion to dismiss for failure to state a claim is not here pressed. The real issue at this time is the instant motion to quash service and dismiss. The motion is based on the theory that defendant was *98only lessee, and consequently could have been neither “owner” nor “operator” of the tractor-trailer involved in the collision within…