Elgin Laboratories, Inc. v. Utility Mfg. Co.

HOLLY, District Judge.

This is an action to restrain unfair trade practices. Plaintiffs are residents of Illinois and of this District. Defendant is a corporation organized under the laws of the State of New York. The summons was served upon one A. A. Aptaker as “District Manager and Agent of said corporation”. Defendant has moved to quash the service on the ground that it is not doing business within and, therefore, not subject to service of process in this District.

The action was brought in this court under the provisions of Section 51 of the Judicial Code, U.S.C.A. Title 28, § 112, which…