Alexander Young Distilling Co. v. National Distillers Products Corp.

WELSH, District Judge.

This matter is before the Court on a motion to vacate and set aside the service of a summons and bill of complaint involving an alleged infringement of a trade name. The facts are set forth in affidavits submitted by the opposing parties and raise an issue as to whether or not the defendant corporation was, at the time of service, doing business within this state to an extent which made it amenable to the process of this Court. For present purposes the facts averred in the affidavits must be accepted as true and those having a direct bearing on the issue are briefly…