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CLAPP v. STEARNS & CO.

229 F.Supp. 305 (1964)

Samuel F. CLAPP, Plaintiff, v. STEARNS & CO., Roland B. Stearns, John Steiglitz, Larry Abrams and Raymond Oil Company, Inc., Defendants.

United States District Court S. D. New York.

May 13, 1964.

Attorney(s) appearing for the Case

Day, Epworth, Plaskow & Lawrence, New York City, for defendant Raymond Oil Company, Inc. Sherman S. Lawrence, Robert B. Passer, New York City, Harry Robbins, Jr., Wichita, Kan., Gamelson, Robbins & Tinker, Wichita, Kan., of counsel.

Ross, Stamer, Wolf & Haft, New York City, for plaintiff. Robert J. Haft, New York City, of counsel.

WYATT, District Judge.

This is a motion (said to be under Fed. R.Civ.P. 12(b)) by defendant Raymond Oil Company, Inc. ("Raymond") to dismiss the action "or in lieu thereof, to quash the return of service of summons" and a further motion to dismiss the action for lack of jurisdiction because "the transaction alleged * * * was a Kansas transaction and was not a transaction which took place in the State of New York". The motion (supported by an affidavit and other papers...

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