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SEVITS v. McKIERNAN-TERRY CORPORATION

No. 65 Civ. 1804.

264 F.Supp. 810 (1966)

Lloyd M. SEVITS, Plaintiff, v. McKIERNAN-TERRY CORPORATION (NEW JERSEY), McKiernan-Terry Corporation (Delaware), Radcom Division of Litton Industries, Inc., M. T. Liquidation Corporation and Litton Systems, Inc., Defendants.

United States District Court S. D. New York.

August 2, 1966.

Attorney(s) appearing for the Case

Lilly, Sullivan & Purcell, New York City, for plaintiff.

Skadden, Arps, Slate, Meagher & Flom, New York City, for defendants McKiernan-Terry and Liquidation Corp.

Townley, Updike, Carter & Rodgers, New York City, for defendant Litton Systems.

CANNELLA, District Judge.

Motion by the defendants McKiernan-Terry Corporation (Delaware) and Radcom Division of Litton Industries, Inc., pursuant to Rules 12(b) and 17(b) of the Federal Rules of Civil Procedure to dismiss the complaint, as amended, and quash the service of process as to said defendants on the grounds that said defendants are non-existent and cannot be sued in this action, and because attempted service of process upon these non-existing corporations...

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