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LEADING PERFUMERS & CHEMISTS v. NUSSBAUM N. CO.

31 F.Supp. 847 (1939)

LEADING PERFUMERS & CHEMISTS, Inc., v. NUSSBAUM NOVELTY CO.

District Court, S. D. New York.

September 18, 1939.

Attorney(s) appearing for the Case

Newman & Bisco, of New York City, (Nathan Waxman, of New York City, of counsel), for plaintiff.

Milbank, Tweed & Hope, of New York City (L. Reyner Samet, of New York City, of counsel), for defendant.

MANDELBAUM, District Judge.

The defendant moves for a dismissal of the action on the ground that this court has no jurisdiction over the defendant corporation.

The court must decide whether the defendant corporation was, at the time of the service of the summons, doing business within the state, and if it was so doing business, whether the person served with process was one of the persons designated by Section 229 of the Civil Practice Act.

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