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STERNS v. MAGUIRE

23 F.Supp. 827 (1938)

STERNS v. MAGUIRE et al.

District Court, S. D. New York.

June 13, 1938.

Attorney(s) appearing for the Case

Hill, Lockwood & Redfield, of New York City, and Edward J. McArdle, Jr., and Robert P. McArdle, both of Chicago, Ill., for plaintiff.

Spence, Windels, Walser & Hotchkiss, of New York City (Kenneth E. Walser and James H. Halpin, both of New York City, of counsel), for defendant W. G. Maguire.

PATTERSON, District Judge.

Motion is made by the defendant Maguire to dismiss the bill on the ground that the defendant W. G. Maguire & Co., Inc., is an indispensable party but is not presently a party. Service of process was made initially on W. G. Maguire & Co., Inc., but the service was set aside on the ground that defendant was not a resident of the district and not subject to suit here against its consent. The question is whether the defendant W. G. Maguire...

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