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SMILEY v. GEMINI INVESTMENT CORPORATION

Civ. A. No. 71-555.

333 F.Supp. 1047 (1971)

Chester L. SMILEY, Plaintiff, v. GEMINI INVESTMENT CORPORATION, a foreign corporation, Defendant.

United States District Court, W. D. Pennsylvania.

November 9, 1971.

Attorney(s) appearing for the Case

Howard A. Specter, Pittsburgh, Pa., for plaintiff.

Richard J. Mills, Pittsburgh, Pa., for defendant.

OPINION

ROSENBERG, District Judge.

Presently before me for determination is the defendant's Motion to Dismiss on the grounds that service on the Secretary of the Commonwealth is not proper service on the corporate defendant. In this diversity action it is alleged that on or about May 26, 1969, the plaintiff purchased a new 357 magnum single action revolver which had been sold and/or distributed by or on behalf of the defendant; that because of a defect in...

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