Legal Opinion

Jacobowitz v. Thomson

District Court, S.D. New York

Decided February 13, 1943PublishedCited by 2 opinions

1Opinion of the Court

COXE, District Judge.

This is a motion by the defendant to quash the service of process on the defendant. The grounds of the motion are (1) that service was not made as required by Rule 4 of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, and (2) that a trial of the action in this district would impose an unreasonable burden on interstate commerce.

The action is for damages for alleged wrongful death of Victor Jacobowitz, a member of the military police of the United States Army, and jurisdiction is invoked solely on the ground of diversity of citizenship. The…

2Cases cited6 opinions

  1. Baltimore & Ohio Railroad v. KepnerSupreme Court of the United States · 1941
  2. Miles v. Illinois Central RailroadSupreme Court of the United States · 1942
  3. Gursky v. . BlairNew York Court of Appeals · 1916
  4. Jacobs v. BlairAppellate Division of the Supreme Court of the State of New York · 1913
  5. Bohn v. Norfolk & W. Ry. Co.District Court, S.D. New York · 1937

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Trizna v. New York, C. & St. L. R.District Court, S.D. New York · 1944
  2. Bowles v. Edwards Mfg. Co.District Court, S.D. New York · 1944

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