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COHEN v. PHYSICAL CULTURE SHOE CO., ETC.

28 F.Supp. 679 (1938)

COHEN v. PHYSICAL CULTURE SHOE CO., DIVISION OF ORTHOPEDIC SHOES, Inc.

District Court, S. D. New York.

November 17, 1938.

Attorney(s) appearing for the Case

Joshua Egelson, of New York City, for plaintiff.

Courtland Palmer, of New York City, for defendant, appearing specially.

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...

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