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LESNIK v. PUBLIC INDUSTRIALS CORPORATION

51 F.Supp. 994 (1943)

LESNIK v. PUBLIC INDUSTRIALS CORPORATION (DAVISON et al., Third-Party Defendants).

District Court, S. D. New York.

May 29, 1943.

Attorney(s) appearing for the Case

Satterlee & Warfield, of New York City (R. Randolph Hicks and John J. Dunne, both of New York City, of counsel), for defendant Public Industrials Corporation.

Guy George Gabrielson, of New York City, pro se (David Haar, of New York City, of counsel).

Albert L. Wolfe, of New York City, pro se (David Haar, of New York City, of counsel).

CONGER, District Judge.

The third-party defendants, Albert L. Wolfe and Guy George Gabrielson, have moved the court for an order vacating the service upon them of the summons and answer containing the third-party complaint, the counterclaims in the principal action.

The basis of the motion is that the service in question violates the venue requirements of § 51 of the Judicial Code, 28 U.S.C.A. § 112, in that both the third-party plaintiff (the counterclaiming...

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