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BOSTON SAFE DEPOSIT AND TRUST CO. v. MORSE

No. 91 Civ. 2293 (MBM).

779 F.Supp. 347 (1991)

BOSTON SAFE DEPOSIT AND TRUST COMPANY, Plaintiff, v. W. Shellman MORSE, Defendant.

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

December 26, 1991.

Attorney(s) appearing for the Case

Peter H. Stolzar, Otterbourg, Steindler, Houston & Rosen, P.C., New York City, for plaintiff.

Martin S. Siegel, Robert S. Herbst, Berlack, Israels & Liberman, New York City, for defendant.

OPINION AND ORDER

MUKASEY, District Judge.

Defendant W. Shellman Morse moves pursuant to Fed.R.Civ.P. 12(b)(2), (3) and (5) to dismiss the complaint filed by plaintiff Boston Safe Deposit and Trust Company ("BSDT") claiming that: 1) the court lacks personal jurisdiction over him; 2) service of process was insufficient; and 3) the Southern District of New York is not the proper venue. For the reasons set forth below, the motion is denied.

I.

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