Skidmore v. Green

MANDELBAUM, District Judge.

This is a motion to dismiss the complaint against defendant Samuel Whit-taker, on the ground that this court has no jurisdiction over him. Allegedly, process was not properly served, pursuant to Rule 4 (d) (1) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, since the summons and complaint were not left at defendant Whit-taker’s usual place of abode and he is no longer a resident of the State of New York.

Plaintiff, a resident of West Virginia, seeks to recover damages for injuries resulting from an accident on October 16, 1939, near…