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CRIMI v. ELLIOT BROS. TRUCKING COMPANY

No. 67-Civ. 1390.

279 F.Supp. 555 (1968)

Wendy Dee CRIMI, as Administratrix of the Estate of David Lambert, Plaintiff, v. ELLIOT BROS. TRUCKING COMPANY, Inc. and Floyd H. Demby, Defendants.

United States District Court S. D. New York.

February 9, 1968.

Attorney(s) appearing for the Case

Nierenberg, Glixon, Zeif & Weinstein, New York City, for plaintiff.

McLaughlin, Fiscella & Biancheri, New York City, for Demby.

OPINION

EDELSTEIN, District Judge.

This is a motion to dismiss the complaint for lack of in personam jurisdiction over defendant Floyd H. Demby, or, in the alternative, to quash the summons allegedly served upon Demby for improper service. The other defendant, Elliot Bros. Trucking Company, Inc., has not appeared on this motion.

On October 3, 1966, David Lambert, plaintiff's intestate, was killed when he was struck by a tractor-trailer driven...

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