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FEHL v. S. W. C. CORP.

Civ. A. No. 76-335.

433 F.Supp. 939 (1977)

David A. FEHL, Plaintiff, v. S. W. C. CORPORATION, a New York Corporation, W. B. McGuire Co., Inc., a New York Corporation, and J. D. Handling Systems, Inc., a New York Corporation, Defendants.

United States District Court, D. Delaware.

June 7, 1977.

Attorney(s) appearing for the Case

Arthur Inden and Frederick W. Iobst, Young, Conaway, Stargatt & Taylor, Wilmington, Del., for plaintiff.

John J. Schmittinger, Schmittinger & Rodriguez, Dover, Del., for defendant, W. B. McGuire Co., Inc.

CALEB M. WRIGHT, Senior District Judge.

W. B. McGuire & Co., Inc. ("McGuire"), one of three corporate defendants in this diversity personal injury action, has brought a motion to dismiss for lack of personal jurisdiction on the ground that substituted service of process under 8 Del.C. § 382 was improper and ineffective. The pertinent facts are these. Plaintiff was injured in June, 1975, while operating a Gifford-Wood Model "C" ice-cubing machine. That machine...

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