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KELLY v. THREE BAYS CORPORATION

173 F.Supp. 835 (1959)

Hurley KELLY, Libelant, v. THREE BAYS CORPORATION, Ltd., Respondent.

United States District Court S. D. New York.

June 9, 1959.

Attorney(s) appearing for the Case

Kenneth Heller, New York City, for libelant.

Kirlin, Campbell & Keating, New York City, for respondent. Daniel J. Dougherty, James P. McGarry, New York City, of counsel.

FREDERICK van PELT BRYAN, District Judge.

This is a motion to vacate service of process and dismiss the libel for want of jurisdiction of the person, pursuant to Rule 12(b) (2), F.R.Civ.P., 28 U.S.C.A., upon the ground that respondent is a foreign corporation not subject to service of process in this district, and that service was not made on a person authorized to be served on its behalf.

The motion was originally presented on affidavits only. I withheld...

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