Byrne

Byrne, a citizen of the State of California, sued the defendant-appellant, Woodworkers Tool Works, an Illinois corporation, bottoming júrisdiction on diversity of citizenship and jurisdictional amount. Section 1332, Title 28 United States Code. Byrne in his first amended complaint alleg ed that as an employee of Selby Company he was engaged in cutting lumber with a shaper equipped with a new panel raiser head manufactured and sold by the appellant and that the head broke due to structural defects and injured him.

A summons in the usual form issued to Woodworkers Tool Works requiring it to serve an answer on Bryne’s attorney. The United States Marshal made the following return:' “I hereby certify and return that I served the annexed Summons and Complaint on the therein named Elmer Preuer as agent for Woodworkers Supply Company by handing to and leaving a true and correct copy thereof with Elmer Preuer personally at Los Angeles * * * ” (Emphasis added). The discrepancy between the party that Byrne wished to have served, i. e., Woodworkers Tool Works, and the person who was actually served, i. e., Woodworkers Supply Company, is apparent. Woodworkers Tool Works moved to dismiss the…