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CANADIAN INDEMNITY CO. v. STATE AUTOMOBILE INS. ASS'N

Civ. A. No. 33969.

126 F.Supp. 819 (1954)

The CANADIAN INDEMNITY COMPANY, a corporation, and Alvin Kelly, Plaintiffs, v. The STATE AUTOMOBILE INSURANCE ASSOCIATION, a corporation, Defendant.

United States District Court, N. D. California, S. D.

December 8, 1954.

Attorney(s) appearing for the Case

Edward A. Friend, San Francisco, Cal., for plaintiffs.

Alexander, Bacon & Mundhenk, San Francisco, Cal., for defendant.

OLIVER J. CARTER, District Judge.

The defendant has moved to dismiss for insufficiency of service of process under Rule 12(b) (5) of the Federal Rules of Civil Procedure, 28 U.S.C.A. For the purposes of this motion the pleadings and affidavits establish the following uncontradicted facts:

1. The plaintiff, The Canadian Indemnity Company, a corporation, is a corporation existing by virtue of the laws of the Dominion of Canada, and the plaintiff, Alvin Kelly...

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