Wachtler v. Chicago, M., St. P. & P. R.

NORDBYE, District Judge.

Defendant is incorporated under the laws of Wisconsin. Plaintiff is a resident of South Dakota and brings this personal injury action in this Court upon the grounds that the required diversity of citizenship and jurisdictional amount exist. Defendant moves to dismiss because this State is not the place of defendant’s incorporation and the process in this action was served upon one of its ticket agents in Minneapolis, Minnesota, not upon the agent appointed for service of process pursuant to the state statute requiring appointment of such an agent.

Section 51 of the…