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SMITH v. FARLEY

38 F.Supp. 1012 (1936)

SMITH v. FARLEY, Postmaster General, et al.

District Court, S. D. New York.

April 23, 1936.

Attorney(s) appearing for the Case

K. C. Bates, of New York City, for plaintiff.

Lamar Hardy, U. S. Atty., of New York City (Edward J. Ennis and Helen E. Cottrell, both of New York City, of counsel), for defendants.

HULBERT, District Judge.

The defendants appearing specially moved to dismiss the bill of complaint, the Postmaster General upon the ground that the venue was improper, and the Postmaster at New York, in the event that such objection is sustained for the absence of an indispensable party.

All of the parties reside, and the defendants were served with the subpœnas, in the City of New York, within the jurisdiction of this court.

The complaint alleges...

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