Citations
- 143 F. Supp. 391
Full opinion text
LEVET, District Judge.
This is a motion by the third-party de-: fendant, Dana Corporation (hereinafter-called “Dana”), for an order pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, 28'U.S.C.A., vacating > and setting aside the alleged service of' the supplemental summons and third-party complaint upon it, on the ground' that this Court did not acquire jurisdiction of the said third-party defendant by ■ such service of process and may not ac- ■ quire jurisdiction thereof for the reason that Dana is a foreign corporation which has not and does not maintain a regular and established place of business within., the jurisdiction of this Court and is not doing business within the State of New.York, and on the further ground that the person served could not be legally served •on behalf of said corporation.
The litigation of this action arose out •qf an accident occurring on February 25, 1955, in the County of Dutchess, State of New York. The plaintiffs, William