General
BIRMINGHAM, C. & ST. A. R. CO. v. GORDON
179 F. 1022·United States Circuit Court for the Southern District of New York·1910
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Opinion
BIRMINGHAM, C. & ST. A. R. CO. v. GORDON.
(Circuit Court, S. D. New York.
May 11, 1910.)
Motion to Vacate Summons and Dismiss Suit.
Hays, Hershfield & Wolf, for plaintiff.
Hornblower, Miller & Potter, for defendant.
[MAJORITY — NOYES, Circuit Judge.]
NOYES, Circuit Judge.
I am not so satisfied that section 1779 of the Code of Civil Procedure of the state of New York, either, by itself or in- connection with section 1780 of said Code, is in conflict with the provisions of the federal Constitution-that I deem it my duty to hold it unconstitutional in deciding this motion. The motion for an order vacating the summons and dismissing the suit is denied.