R.I.T.A. Chemical Corp. v. Malmstrom Chemical Corp.

WILL, District Judge.

This matter is before the Court on the motion of the individual defendants Ivar and Richard Malmstrom to vacate that part of the order of January 3, 1962, which denied the motion to quash the return of service of summons as to each of them. In their motion to vacate, the individual defendants press the argument, not made in the original motion, that the service effected upon them personally in New York and New Jersey is not authorized by the Federal Rules of Civil Procedure, specifically, Rule 4, 28 U.S.C.A.

In the written opinion accompanying the order of January 3, the…