District Court, D. Colorado November 8, 1963, Civ. A. No. 7919 (Elliott v. Cabeen)

ARRAJ, Chief Judge.

This matter is before the Court on defendant’s Motion to Dismiss or, in lieu thereof, to set aside service of process on the grounds that defendant, as a resident of the State of California, is not subject to service of process within the District of Colorado and that he has not been properly served with process in this action.