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GARNEY v. DELL PUBLISHING COMPANY

Civ. A. No. 64-540-C.

240 F.Supp. 329 (1965)

Brian R. GARNEY, Plaintiff, v. DELL PUBLISHING COMPANY, Inc., and T. D. Publishing Company, Inc., Defendants.

United States District Court D. Massachusetts.

March 3, 1965.

Attorney(s) appearing for the Case

Robert G. Clark, Jr., Brockton, Mass., for plaintiff.

James P. Lynch, Jr., Boston, Mass., for defendant.

CAFFREY, District Judge.

This is a civil action in tort for alleged "libel and slander" which plaintiff commenced in Plymouth Superior Court. Thereafter, defendants removed the case to this Court upon the basis of diversity jurisdiction. Service of process was attempted herein by causing a Deputy Sheriff to leave two copies of the writ and summons at the office of the Secretary of State of the Commonwealth of Massachusetts, on the theory that the Secretary was, at...

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