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DUROX COMPANY v. DURON PAINT MANUFACTURING COMPANY

Civ. No. 12326.

193 F.Supp. 829 (1961)

DUROX COMPANY v. DURON PAINT MANUFACTURING COMPANY, Inc.

United States District Court D. Maryland.

May 5, 1961.

Attorney(s) appearing for the Case

Robert R. Bair, Venable, Baetjer & Howard, Baltimore, Md., and Bruce B. Krost, Cleveland, Ohio, for plaintiff.

Richard W. Case, Baltimore, Md., and Francis C. Browne, Mead, Browne, Schuyler & Beveridge, Washington, D. C., for defendant.

THOMSEN, Chief Judge.

Plaintiff has moved to dismiss defendant's counterclaim on the grounds (1) that venue requirements are not met and (2) lack of proper service of process on plaintiff. Defendant served its answer and counterclaim on plaintiff's counsel of record herein, as contemplated by the Rules; the only substantial point is lack of proper venue under 28 U.S.C.A. § 1391 (b) and (c),1 which provide:

"(b) A civil action...

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