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ELECTRONIC RACE PATROL, INC. v. NATIONAL TRAILER CONVOY, INC.

191 F.Supp. 364 (1961)

ELECTRONIC RACE PATROL, INC., Plaintiff, v. NATIONAL TRAILER CONVOY, INC. and Southwest Casualty Insurance Company, Defendants.

United States District Court S. D. New York.

February 24, 1961.

Attorney(s) appearing for the Case

Tell, Cheser, Werner & Breitbart, New York City, for plaintiff; Benjamin L. Tell, New York City, of counsel.

Reilly & Reilly, New York City, for defendant National Trailer Convoy, Inc.; William J. Tobin, New York City, of counsel.

DIMOCK, District Judge.

Plaintiff and defendant are both foreign corporations and neither has its principal place of business in New York. The case has been removed from the New York Supreme Court to this court upon the ground of diversity of citizenship. Defendant, pursuant to section 221(c) of the Motor Carriers Act, 49 U.S.C. § 321(c), having named a person on whom process can be served in the State of New York, process has been served upon him. Defendant...

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