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WARNER v. MADDOX

Nos. 174, 176, 177.

68 F.Supp. 27 (1946)

WARNER et al. v. MADDOX et al. CASEY v. SAME (two cases).

District Court, W. D. Virginia, at Lynchburg.

October 7, 1946.

Attorney(s) appearing for the Case

Douglas A. Robertson (of Williams Robertson & Sackett), of Lynchburg, Va., John A. Danaher, and A. K. Shipe, both of Washington, D. C., for Emma Gladys Warner and Marion Anita LaMay.

Stephen J. Rudd, of Brooklyn, N. Y., for Edward F. Casey and Dorothy M. Casey.

M. F. Trader and W. H. Jordan, both of Lynchburg, Va., for Irving J. LaMay, Administrator.

E. Marshall Frost (of Caskie, Frost & Watts), of Lynchburg, Va., for Henry Dorison Maddox and M. M. Maddox.

BARKSDALE, District Judge.

When a nonresident of Virginia is involved in an accident while operating a motor vehicle on a highway in this state, a Virginia statute, Virginia Code, § 2154(70) (i), provides for substituted service of process upon such nonresident in any action which may be brought against such nonresident for damages growing out of such accident. The pertinent provisions of this statute are as follows: "(i) The acceptance by a non-resident of the...

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