Leonard v. Abingdon Motor Co.

MEMORANDUM AND ORDER

NEESE, District Judge.

This is an action purportedly between citizens of different states with the required jurisdictional amount present. 28 U.S.C. §§ 1332(a) (1), (c). The defendant Abingdon Motor Company (Abingdon) undertook to remove it from a state court. 28 U.S.C. § 1441(a). Its codefendant Ford Motor Company did not join in the removal.

The defendant Abingdon filed a motion to dismiss the action for insufficient service of process. Rule 12(b) (5), Federal Rules of Civil Procedure. In considering such motion, the Court is obliged to notice its apparent want of…