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KLEIN v. E. W. REYNOLDS CO., INC.

No. 72 Civ. 4049.

355 F.Supp. 886 (1973)

Howard L. KLEIN, as Trustee in Bankruptcy of Rich Guild Shirt Company, Inc., Plaintiff, v. E. W. REYNOLDS CO., INC., Defendant.

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

March 26, 1973.

Attorney(s) appearing for the Case

Sherman & Citron, New York City, for plaintiff; Arthur N. Ohringer, New York City, of counsel.

Hardee, Barovick & Konecky, New York City, for defendant; Joseph J. Santora and Peter Bierstedt, New York City, of counsel.

OPINION

ROBERT J. WARD, District Judge.

This is a motion to dismiss the complaint pursuant to Fed.R.Civ.P. 12(b) (2) for lack of jurisdiction over the person of the defendant corporation. For the reasons hereinafter stated, the motion is granted.

Plaintiff sues to obtain payment for goods sold and delivered to defendant. Federal jurisdiction is based on diversity of citizenship. Jurisdiction over the defendant is predicated upon two alternative theories...

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