Legal Opinion

Koninklijke Luchtvaart Maatschappij N.V. v. Curtiss-Wright Corp.

District Court, S.D. New York

Decided January 24, 1955PublishedCited by 14 opinions

1Opinion of the Court

PALMIERI, District Judge.

This is a motion under Rule 12(b) (5) of the Rules of Civil Procedure, 28 U.S. C.A., in which defendant asks that the action be dismissed because of insufficiency of service of process. Both plaintiff and defendant are foreign corporations authorized to do business in New York. In March, 1953 plaintiff commenced this action by filing a verified complaint with the Clerk of the Court and the Clerk issued a summons to defendant. The summons and complaint were delivered to a Deputy United States Marshal, James Griffin, and he proceeded to serve them on the defendant. The…

2Cases cited2 opinions

  1. Roth v. W. T. Cowan, Inc.District Court, E.D. New York · 1951
  2. Mitchell v. HinesMichigan Supreme Court · 1943

3Cited by14 opinions

  1. Top Form Mills, Inc. v. Sociedad Nationale Industria Applicazioni ViscosaDistrict Court, S.D. New York · 1977
  2. Frank Savarese v. Edrick Transfer & Storage, Inc., a Wisconsin CorporationCourt of Appeals for the Ninth Circuit · 1975
  3. American Institute of Certified Public Accountants v. Affinity Card, Inc.District Court, S.D. New York · 1998
  4. Montclair Electronics, Inc. v. Electra/Midland Corp.District Court, S.D. New York · 1971
  5. Courtesy Chevrolet, Inc. v. Tennessee Walking Horse Breeders' & Exhibitors' Ass'nCourt of Appeals for the Ninth Circuit · 1965

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