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W. H. ELLIOTT & SONS CO. v. CITY OF PORTSMOUTH, N. H.

Civ. A. No. 2039.

197 F.Supp. 869 (1959)

W. H. ELLIOTT & SONS CO., Inc. v. CITY OF PORTSMOUTH, N. H., Gil Wyner Co., Inc.

United States District Court D. New Hampshire.

August 8, 1959.

Attorney(s) appearing for the Case

Stanley M. Brown, of McLane, Carleton, Graf, Greene & Brown, Manchester, N. H., for plaintiff.

Maurice P. Bois, former U. S. Atty., Concord, N. H., for defendant, Gil Wyner Co., Inc.

John C. Driscoll, Portsmouth, N. H., for defendant, the City of Portsmouth.

WOODBURY, Chief Circuit Judge (by designation).

The defendant City of Portsmouth has filed a motion to dismiss alleging insufficient service of process. In support of its contention it cites Chapter 398, Section 62 of the Laws of the State of New Hampshire (1947) which provides that: "No action at law or bill in equity shall be sustained against the city (Portsmouth) unless a notice setting forth the nature and amount, if any, of the claim shall have been delivered...

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