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ACE GRAIN CO. v. AMERICAN EAGLE FIRE INS. CO.

95 F.Supp. 784 (1951)

ACE GRAIN CO., Inc. v. AMERICAN EAGLE FIRE INS. CO. OF NEW YORK et al.

United States District Court S. D. New York.

February 14, 1951.

Attorney(s) appearing for the Case

Otto & Easterday, New York City, for plaintiff.

Hill, Rivkins & Middleton, New York City, by Gregory S. Rivkins and John J. Killea, New York City, for defendant Rhode Island Ins. Co. appearing specially.

McGOHEY, District Judge.

This is a motion to quash service of process on the defendant Rhode Island Insurance Company (hereafter called "Rhode Island"). The suit was removed here from the New York Supreme Court. There is diversity of citizenship and the amount in controversy is sufficient for jurisdiction. A motion to remand was withdrawn after the defendant American Eagle Fire Insurance Company settled the claim against it.

It is conceded that service was...

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