Smith v. Alexandrian

IGOE,' District Judge.

This cause is now before the Court on the motion of defendants to quash summons. Since it raises an interesting .and potentially important question of the proper interpretation of Rule 4 of the Federal Rules of Civil Procedure, 28 U.S. C.A., the Court considers it appropriate to explain its ruling. Furthermore, the position the Court feels constrained to adopt, while 'seemingly required by the language of the Rule, has not found favor with other courts which have considered the question.

The complaint sets forth a cause of ■action for personal injuries arising out 'of an…