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UNITED STATES v. BOSURGI

No. 71 Civ. 928.

343 F.Supp. 815 (1972)

UNITED STATES of America, Plaintiff, v. Leone BOSURGI and Emilio Bosurgi, as Executors of the Estate of Adriana Bosurgi, Deceased, Et al., Defendants.

United States District Court, S. D. New York.

June 5, 1972.

Attorney(s) appearing for the Case

Whitney North Seymour, Jr., U. S. Atty., for the S. D. N. Y., New York City, for the United States; Michael I. Saltzman, Asst. U. S. Atty., of counsel.

Gainsburg, Gottlieb, Levitan & Cole, New York City, appearing specially for defendant Sociedad Anonima de Inversions Commerciales e Industriales; Samuel Gottlieb, Alan C. Krieger, New York City, of counsel.

Benedict Ginsburg, New York City, for defendants Leone and Emilio Bosurgi.

Cravath, Swaine & Moore, New York City, for Chemical Bank New York Trust Co.

EDWARD WEINFELD, District Judge.

The defendant Sociedad Anonima de Inversions Commerciales e Industriales (SAICI) moves pursuant to Rule 12(b) of the Federal Rules of Civil Procedure to vacate the purported service upon it of the amended summons and complaint; the contention is that the attorney upon whom process was served, though retained to bring a related suit in the state court, was not an "agent authorized by appointment . . . to receive service of process....

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