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UNITED STATES v. UNITED STATES FREIGHT CO.

Civ. 42-618.

80 F.Supp. 336 (1947)

UNITED STATES v. UNITED STATES FREIGHT CO. et al.

United States District Court S. D. New York.

November 28, 1947.

Attorney(s) appearing for the Case

Tom C. Clark, U. S. Atty. Gen., John F. Sonnett, Asst. Atty. Gen., Robert W. Strange and James E. Kilday, Sp. Assts. to the Atty. Gen. and John F. X. McGohey, U. S. Atty., of New York City, for plaintiff.

Chadbourne, Wallace, Parke & Whiteside, of New York City, and Kirkbride, Cole, Frease & Mittendorf, of Toledo, Ohio (Horace G. Hitchcock of New York City, and Charles J. Cole, of Toledo Ohio, of counsel), for defendants Hickok Oil Corporation and W. G. Kirkbride.

COXE, District Judge.

This is a motion by two of the defendants, Hickok Oil Corporation, an Ohio corporation with its office at Toledo, Ohio, and W. G. Kirkbride, a resident of Toledo, to quash the service of the summons upon them and to dismiss the action on the ground of improper venue and lack of jurisdiction over the person of each of the defendants. Both were served with the summons at Toledo, neither being at any time an inhabitant of, or found within, or transacting...

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