Reko v. United States Trotting Ass'n

RILEY, District Judge.

Defendant by motion to dismiss challenges the jurisdiction of this court under Rule 12(b) (2, 4, 5) of the Federal Rules of Civil Procedure, 28 U.S.C.A., for lack of jurisdiction over the person of the defendant, insufficiency of process and insufficiency of service of process herein. The *26merits of the cause are not before us, but affidavits by both parties have been submitted and considered on the issues raised by the motion.

Previously during the past year in another similar action by this plaintiff against The United States Trotting Association the court considered the…