Read v. Corbitt Co.

FOLLMER, District Judge.

This is a motion by the defendant to dismiss the action, or, in lieu thereof, to quash the return of service of the summons.

Plaintiff, a resident of Montgomery County, Pennsylvania, brought this action against defendant, a Delaware corporation, having its principal office and place of business at Henderson, North Carolina, for breach of contract. The return of service by the United States Marshal reads as follows: “I hereby certify and return, that on the 7th day of June, A.D. 1949, I received the within summons and served the same at Phila., Pa., in my district, on…