CONGER, District Judge.
This is an application on the part of the defendant, to vacate and set aside the service of the summons and complaint upon the defendant, Smith, Levin & Harris, Inc. The summons and complaint were served upon Morris Levin, treasurer of the defendant, Smith, Levin & Harris, Inc., by delivering to and leaving with him personally, at the City of New York, on March 23, 1939, a copy of the summons and complaint herein.
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