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UNITED STATES v. BURLINGTON INDUSTRIES, INC.

247 F.Supp. 185 (1965)

UNITED STATES of America, Plaintiff, v. BURLINGTON INDUSTRIES, INC., J. P. Stevens & Company, Inc., United Merchants & Manufacturers, Inc., Clark-Schwebel Fiber Glass Corporation, Exeter Manufacturing Company, Inc., and Coast Manufacturing and Supply Company, Defendants.

United States District Court S. D. New York.

November 12, 1965.

Attorney(s) appearing for the Case

Samuel B. Prezis and Lawrence Kill, Washington, D. C., for plaintiff, Anti-trust Division, Dept. of Justice.

Dills & Schelker, New York City, for defendant Coast Manufacturing and Supply Co., Walter G. Schelker, Jr., New York City, of counsel.

HERLANDS, District Judge:

Defendant, Coast Manufacturing and Supply Co., has made a motion to dismiss for lack of jurisdiction over the person, pursuant to Fed.R.Civ.P. 12(b) (2), or, in lieu thereof, to quash the return of service of summons on the grounds: (a) that it "is a corporation organized under the laws of Delaware with its principal office and place of business located in California; it is not found, does not have any agent and does not transact any business...

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