Legal Opinion

Colonial Sand & Stone Co. v. Telesco Fuel & Mason Material Co.

District Court, S.D. New York

Decided January 13, 1962PublishedCited by 1 opinion

1Opinion of the Court

THOMAS F. MURPHY, District Judge.

Respondent’s motion to quash the service of a citation on it at Stamford, Connecticut, is granted.

Libelant filed in this court an in personam libel against respondent. Although the libel contained a request for a clause for foreign attachment it is conceded that process was never served within this district either on the respond- ■ ent or on any property belonging to it. Parenthetically, the libel artfully does not *188comply with Fed.Rules Civ.Proc. Rule 42, 28 U.S.C.A., in that it does not give the name and place of residence of the respondent so far as known.…

2Cases cited4 opinions

  1. Georgia v. Pennsylvania RailroadSupreme Court of the United States · 1945
  2. Harkness v. HydeSupreme Court of the United States · 1879
  3. Andrew Oroz v. American President Lines, Ltd.Court of Appeals for the Second Circuit · 1958
  4. Connecticut Fire Ins. v. Lake Transfer Corp.Court of Appeals for the Second Circuit · 1934

3Cited by1 opinion

  1. Hunt v. Paco Tankers, Inc.District Court, S.D. Texas · 1964

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