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GIBBONS & REED CO. v. STANDARD ACCIDENT INSURANCE CO.

No. C-127-60.

191 F.Supp. 174 (1960)

GIBBONS & REED COMPANY and J. A. Jones Construction Company, joint venturers, Plaintiffs, v. STANDARD ACCIDENT INSURANCE COMPANY, a corporation, Defendant.

United States District Court D. Utah, Central Division.

October 31, 1960.

Attorney(s) appearing for the Case

Bryce E. Roe, Fabian & Clendenin, Salt Lake City, Utah, for plaintiffs.

John H. Snow, Skeen, Worsley, Snow & Christensen, Salt Lake City, Utah, for defendant.

CHRISTENSON, District Judge.

This is a removed diversity suit for a declaratory judgment interpreting obligations arising by virtue of certain transactions occurring, and under a contract entered into, and performance bond issued, within the State of California. The defendant insurance company has moved to quash service of summons. The parties agree that the validity or non-validity of this service is dependent upon state law.

Plaintiffs served the Commissioner...

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