Cohen v. Physical Culture Shoe Co.

CONGER, District Judge.

This motion by the defendant, a domestic corporation, is for an order vacating alleged service of a summons and complaint upon L. A. Leopold, on the ground that he is not the proper person to receive process.

Rule 4, Subdivision (d) (3) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, states in part that service shall be made as follows: “Upon a domestic or foreign corporation or upon a partnership or other unincorporated association which is subject to suit under a common name, by delivering a copy of the summons and of the complaint to an…