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MERRITT-CHAPMAN & SCOTT v. PUBLIC UTIL. DIST. 2

207 F.Supp. 443 (1962)

MERRITT-CHAPMAN & SCOTT CORPORATION, Plaintiff, v. PUBLIC UTILITY DISTRICT NO. 2 OF GRANT COUNTY, WASHINGTON, Defendant.

United States District Court S. D. New York.

July 19, 1962.

Attorney(s) appearing for the Case

Cleary, Gottlieb & Steen, New York City, for plaintiff, William L. Lynch, James W. Lamberton, Dennis J. Kenny, New York City, of counsel.

Root, Barrett, Cohen, Knapp & Smith, New York City, for defendant appearing specially, Washington & Wickwire, Ephrata, Wash., Whitman Knapp, New York City, Nat W. Washington, Ephrata, Wash., Neal J. Hurwitz, Edmund R. Schroeder, New York City, of counsel.

NOONAN, District Judge.

This is a motion by defendant, Public Utility District No. 2 of Grant County, Washington, made pursuant to Rule 12(b), Federal Rules of Civil Procedure, 28 U.S.C.A. Defendant, appearing specially,1 moves the court for an order:

1) vacating a warrant of attachment and setting aside the levy thereunder upon the Bankers Trust Company and

2) setting aside the service of summons on the ground that the...

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