Regina Cargo Airlines, Inc. v. Civil Aeronautics Board

MEMORANDUM

BYERS, District Judge.

There are two motions in this cause, the plaintiff’s for an order vacating and setting aside an order made by C.A.B. dated August 24, 1950; and the defendants’ to dismiss for lack of jurisdiction. As to the latter, it must prevail, since this Court has not obtained jurisdiction over either defendant according to the requirements of Rule 4, Subdivision (d)(5) of Federal Rules of Civil Procedure, 28 U.S.C.A., touching the method of service of process upon an officer or agency of the United States.

Here there was an attempted service by delivery of process to the…