Coclin Tobacco Co., Inc. v. Brown & Williamson Tobacco Corporation

Having previously examined the briefs of counsel and the entire record, we heard oral argument and affirmed in open court.

The action was commenced on April 30, 1962. Thereafter the complaint was twice amended, a motion to quash the service of process on defendant British American Tobacco Company was granted after opposition and nothing was done by plaintiff or on plaintiff’s behalf. The case was called on June 12, 1963 on a Special Review Calendar under General Rule 23 1 of the District Court for the Southern District of New York. No one appearing in opposition, the cause was dismissed for…