Isbrandtsen Co. v. National Marine Engineers' Beneficial Ass'n

RYAN, District Judge.

Defendant moves under Rule 12(b) (2) and (5) Federal Rules Civil Procedure, 28 U.S.C.A., to vacate and set aside service of the summons and complaint. It contends that the court has no jurisdiction over the person of the defendant because, (1) under Section 13 of the New York General Association Law, defendant union is not suable in its common name and that service of process can be made only upon its president or treasurer; and (2) service upon the assistant business manager of a local union does not constitute service upon the national association.

Plaintiff, a New York…