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RHYNE v. PIGOTT

Civ. No. 6197.

122 F.Supp. 774 (1954)

RHYNE v. PIGOTT.

United States District Court W. D. New York.

July 8, 1954.

Attorney(s) appearing for the Case

John T. Collins, Buffalo, N. Y., for plaintiff.

Brown, Kelly, Turner & Symons, Buffalo, N. Y., Ogden R. Brown, Buffalo, N. Y., of counsel, for defendant.

KNIGHT, Chief Judge.

Defendant has moved "for an order vacating or otherwise nullifying the service of the note of issue served by the plaintiff * * *," and for an order dismissing this action upon the grounds that it appears upon the face of the complaint that the plaintiff is a resident of the State of North Carolina and a nonresident of this District and State and the defendant is a resident of the State of New Jersey...

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