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VAN GUNDY v. ELLIS

Civ. No. 6-1718-C-1.

246 F.Supp. 802 (1965)

Richard E. VAN GUNDY, Executor of the Estates of James L. Van Gundy and Grace Van Gundy, Plaintiff, v. Morris E. ELLIS, W. M. Tynan and Company, Inc., New York Central Railroad Company, Strick Trailer Division of the Fruehauf Corporation, Defendants.

United States District Court S. D. Iowa, Central Division.

November 1, 1965.

Attorney(s) appearing for the Case

Don C. Swanson, F. H. Forrest, Des Moines, Iowa, for plaintiff.

Kent M. Forney, Michael Figenshaw, Herschel G. Langdon and Richard G. Langdon, Des Moines, Iowa, for defendants.

ROY L. STEPHENSON, Chief Judge.

This matter is now before the Court upon the motions of the defendants, W. M. Tynan and Company, New York Central Railroad Company, and Morris E. Ellis, to dismiss this action or, in the alternative, to quash the return of service of summons. Resistances have been filed to each of the motions. The motions shall be considered separately.

There have been two services of process upon the defendant, W. M. Tynan and Company. Since...

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