Tarbox v. Walters

KRAFT, District Judge.

This case is before us on defendant’s motion to dismiss, or, in the alternative, to quash the return of service of summons.

Service was attempted to be made upon defendant by leaving a copy of the summons and complaint with R. LaMonte, President of Coast to Coast Hit Record Company, 5541 Baltimore Avenue, Philadelphia, Pa., by whom defendant was employed.

Plaintiff relies upon F.R.Civ.P. 4(d) (7), 28 U.S.C., which provides, inter alia, “ * * * ajso sufficient if the summons and complaint are served * * * in the manner prescribed by the law of the state in which the service…