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LUTZ v. FOSTER & KESTER CO., INC.

367 Pa. 125 (1951)

Lutz v. Foster & Kester Co., Inc. (et al., Appellant).

Supreme Court of Pennsylvania.

March 21, 1951.

Attorney(s) appearing for the Case

Francis L. Van Dusen, with him John S. Dawson and Barnes, Dechert, Price Myers & Clark, for Bridgeport Brass Company, defendant, appellant.

Abraham Wernick, for plaintiff, appellee.

Townsend Munson and Townsend, Elliott & Munson, for defendant, Foster & Kester Co., Inc.

Before DREW, C.J., STERN, STEARNE, JONES, BELL, LADNER and CHIDSEY, JJ.

OPINION BY MR. JUSTICE JONES, March 21, 1951:

The plaintiff instituted this action in assumpsit by the issuance of a summons without more. One of the defendants, the present appellant, being a foreign corporation, filed preliminary objections to the jurisdiction on the ground that it was not doing business in Pennsylvania and, therefore, was not amenable to service in a suit instituted against it in this State. The plaintiff filed an answer to the preliminary objections...

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