Court of Appeals for the Second Circuit December 3, 1948, 79, Docket 21110 (De Santa v. Nehi Corporation)

SWAN, Circuit Judge.

This is an appeal from an order of June 2, 1948, dismissing the complaint in a removed action upon the ground that the service of process was void because (1) the defendant, a foreign corporation, was not doing business in the state of New York, and (2) the person upon whom summons was served was not its “managing agent,” as required by subdivision 3 of section 229 of the New