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SHEDD v. WILLYS MOTORS

143 F.Supp. 391 (1956)

William G. Thayer SHEDD and Elisabeth Shedd, Plaintiffs, v. WILLYS MOTORS, Inc., Defendant and Third-Party Plaintiff, Dana Corporation and Bower Roller Bearing Co., Third-Party Defendants.

United States District Court S. D. New York.

August 3, 1956.

Attorney(s) appearing for the Case

Galli & Locker, New York City, for defendant and third-party plaintiff, John G. Donovan, New York City, of counsel.

Michael A. Hayes, New York City, for third-party defendant, Dana Corp., appearing specially.

LEVET, District Judge.

This is a motion by the third-party defendant, Dana Corporation (hereinafter called "Dana"), for an order pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A., vacating and setting aside the alleged service of the supplemental summons and third-party complaint upon it, on the ground that this Court did not acquire jurisdiction of the said third-party defendant by such service of process and may not acquire jurisdiction...

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