Fireman's Fund Insurance v. Myers

MEMORANDUM OPINION

WEINER, District Judge.

This is an action based on a building contractor’s bond. Plaintiff, as part of the relief prayed for, has petitioned the court for a preliminary injunction concerning the sale or the funds derived from the sale of a certain piece of property. Before the court at the present time is defendant’s motion to strike service of summons and the complaint. A hearing was ordered and held on September 26, 1968.

The record discloses that the Marshall’s return read as follows:

“I hereby certify and return that I served the annexed Summons and Complaint on the therein…