Alopari v. O'LEARY

VAN DUSEN, District Judge.

This matter comes before the court on motions of defendant Joan O’Leary (1) to quash the return of service of summons on her; (2) to set aside the default entered against her on February 28, 1957; and (3) to dismiss the action under Fed.Rules Civ.Proc. rule 12(b), 28 U.S.C., for want of venue in this court. 1

Plaintiff, a resident of New York, brings this action against defendant Joan O’Leary, a resident of California, and defendant Richard Ueberrth, a resident of the Eastern District of Pennsylvania, to recover damages for personal injuries arising out of an…