Babylon Milk & Cream Co. v. Rosenbush

ZAVATT, Chief Judge.

This is an action “for money only.” Uniform District Court Act § 902(a) (1). The plaintiff brought the action in the Suffolk County District Court against an employee of the United States Internal Revenue Service. It was removed to this court pursuant to 28 U.S.C. § 1442 (a) (1). The defendant now moves pursuant to Rule 12(b) (2) of the Federal Rules of Civil Procedure to dismiss the action on the ground of improper service. The plaintiff purported to serve the defendant by mailing to his office a summons upon which the plaintiff’s alleged cause of action was endorsed and…