Wica, Inc. v. Wwsw, Inc.

PROCTOR, Circuit Judge.

Appellant (plaintiff) sued for damages for breach of contract. A summons to answer was issued against each defendant corporation. At direction of plaintiff’s attorney the Marshal served the summons .against WWSW, Inc. “by serving Paul M. Segal.” Similarly, the summons against WEBR, Inc. was served upon Louis G. 'Caldwell. In each instance service was so ■directed upon the theory that the individual served was the agent of the corporation. The defendants, appearing specially, moved -to quash the service.

The following undisputed facts were -shown: Plaintiff and defendants…