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GREGORY v. WHITE

Civ. A. No. 2123.

151 F.Supp. 761 (1957)

Francis Cogswell GREGORY, by his Guardian ad Litem, P. C. Gregory, Jr., Plaintiff, v. Cora WHITE, Administratrix of the Estate of Clarence White, deceased, Defendant.

United States District Court W. D. South Carolina, Greenville Division.

June 17, 1957.

Attorney(s) appearing for the Case

W. Francis Marion, Donald L. Ferguson, Haynsworth, Perry, Bryant, Marion & Johnstone, Greenville, S. C., for plaintiff.

Willimon & Ray, Greenville, S. C., for defendant.

WYCHE, Chief Judge.

The above case is before me upon motion of the defendant for an order quashing the purported service of process upon the defendant and to dismiss the complaint upon the following grounds: "that service of the Complaint was through the South Carolina Highway Commissioner, under Title 46-104, Code of Laws of S.C.1952, is illegal and ineffective and does not apply to this defendant as the defendant is a non-resident, personal representative of a nonresident...

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