Simonson v. International Bank

MacMAHON, District Judge.

Defendant International Bank makes this motion, pursuant to Rule 12(b) (2) and (3) of the Federal Rules of Civil Procedure, 28 U.S.C.A., for an order vacating service of the summons and complaint and dismissing the action on the ground that it is a foreign corporation organized under the laws of the state of Arizona and is not subject to process in this district because it is not doing business in New York.

A cross-motion by the plaintiff to take depositions to establish that defendant is amenable to process in New York was granted, and the defendant’s motion was held…