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REPUBLIC PRODUCTIONS, INC. v. AMERICAN FEDERATION OF MUSICIANS OF THE UNITED STATES AND CANADA

173 F.Supp. 330 (1959)

REPUBLIC PRODUCTIONS, INC., a corporation, Republic Pictures Corporation, a corporation, and Hollywood Television Service, Inc., a corporation, Plaintiffs, v. AMERICAN FEDERATION OF MUSICIANS OF THE UNITED STATES AND CANADA, an unincorporated association; James C. Petrillo; Samuel R. Rosenbaum, as Trustee, C. L. Bagley; Leo Cluesmann; Harry J. Steeper; Herman D. Kenin; George V. Clancy; Stanley Ballard; William J. Harris; W. M. Murdoch; Does 1 to 100, inclusive, Defendants.

United States District Court S. D. New York.

Rehearing Denied June 25, 1959.

Attorney(s) appearing for the Case

Baer, Marks, Friedman, Berliner & Klein, New York City, for plaintiffs. W. Bernard Richland, New York City, of counsel.

Emanuel L. Gordon, New York City, appearing specially for Leo Cluesmann, Louis Lauer, New York City, of counsel.

FREDERICK van PELT BRYAN, Chief Judge.

Leo Cluesmann, named as a defendant in this action, moves to quash service of the summons and complaint upon him. The sole ground is that at the time Cluesmann was served he was in this jurisdiction for the purpose of having his deposition taken as a witness in five actions currently pending in the Superior Court of California for the County of Los Angeles, and was therefore exempt...

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