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HORNICK v. S. & M. TRUCKING CO.

Civ. No. 7197.

208 F.Supp. 950 (1962)

Joseph S. HORNICK, Plaintiff, v. S. & M. TRUCKING CO., Inc. and H.S. McCreary Lumber Co., Inc., Defendants, Third-party Plaintiffs, v. DORSEY TRAILERS, INC., Capitol Chevrolet, Inc., General Motors Corp. and Bendix-Westinghouse Automotive Air Brake Co., Third-party Defendants.

United States District Court M. D. Pennsylvania.

September 28, 1962.

Attorney(s) appearing for the Case

Ettore S. Agolino, Pittston, Pa., for Joseph S. Hornick, plaintiff.

James P. Harris, Jr., Wilkes-Barre, Pa., for S. & M. Trucking Co., Inc. and H. S. McCreary Lumber Co., Inc., defendants and third-party plaintiffs.

Warren, Hill, Henkelman & McMenamin, Scranton, Pa., for Dorsey Trailers, Inc., third-party defendant.

J. Frank Connolly, Scranton, Pa., for Bendix-Westinghouse Automotive Air Brake Co., third-party defendant.

SHERIDAN, Chief Judge.

These are motions by Dorsey Trailers, Inc., an Alabama corporation, and Bendix-Westinghouse Automotive Air Brake Co., a Delaware corporation, third-party defendants, to dismiss the third-party complaint, or to quash service and return of service of summons, on the ground that they are not engaged in business in Pennsylvania and are not subject to service of process within this state.

Plaintiff seeks damages for personal injuries resulting...

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