
    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.
   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.  