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FINN v. SCHREIBER

Civ. No. 470.

35 F.Supp. 638 (1940)

FINN v. SCHREIBER et al.

District Court, W. D. New York.

November 7, 1940.

Attorney(s) appearing for the Case

Gerald R. Barrett, of Rochester, N. Y., for plaintiff.

Alger A. Williams, of Buffalo, N. Y., for defendants.

KNIGHT, District Judge.

The defendants move for judgment under subdivision (b) of Rule 12 of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c, on the ground that the court lacks jurisdiction of the persons of the defendants. The action is in negligence. Service of the summons and complaint was made upon the Secretary of State of New York, allegedly pursuant to the provisions of Section 52 of the Vehicle and Traffic Law of the State of New York, Consol...

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