NATIONAL EQUIPMENT RENTAL, LTD. v. REAGIN

No. 1, Docket 28317.

338 F.2d 759 (1964)

NATIONAL EQUIPMENT RENTAL, LTD., Appellant, v. Geo. E. REAGIN d/b/a Reagin Trucking Co., Appellee.

United States Court of Appeals Second Circuit.

Decided November 30, 1964.


Attorney(s) appearing for the Case

Wilbur G. Silverman, Jamaica, N. Y., for appellant.

Benjamin Esberg, New York City (William Biel, New York City, on the brief), for appellee.

Before LUMBARD, Chief Judge, and MOORE and SMITH, Circuit Judges.


J. JOSEPH SMITH, Circuit Judge:

This is an appeal from an order of the United States District Court for the Eastern District of New York, Rosling, J., quashing service of summons and complaint upon the appellee, and from a subsequent decision of the court affirming the prior order on rehearing. The attempted service was held to be ineffective because not fully completed within the time specified for service of process by the written contract between the parties. We...

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