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Chaplin v. Clancy

decided.: February 11, 1954.

CHARLES CHAPLIN, PETITIONER,
v.
HON. JOHN W. CLANCY, DISTRICT JUDGE OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK, RESPONDENT.



Before CLARK, FRANK and HINCKS, Circuit Judges.

Per Curiam.

There is uncertainty as to our power to act in the premises; but we are clear that the state court of first instance or on appeal has full authority to settle the issue as to the validity of the service of process upon defendant Chaplin. See N.Y.Civil Practice Act, § 237-a(4); 17th Ann.Rep.N.Y.Judicial Council 62, 63 (1951). That tribunal, we believe, is now the appropriate one for all adjudication in the premises.

The petition is denied.

19540211

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