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This section contains the nature of the case and procedural background.

Fun-Damental (P) commenced this action on February 7, 1997. On February 11, 1997, P served Hwung (D) with a summons and complaint while D was testifying at a deposition in New York in Fun-Damental I (This action is related to another action, Fun-Damental Too, Ltd. v. Gemmy Industries Corp. and Kay-Bee Toy & Hobby Shops, Inc., 96 Civ. 1103 (S.D.N.Y. filed Feb. 14, 1996) ('Fun-Damental I')). Defendants now move to dismiss for lack of personal jurisdiction and insufficiency of service of process. P claims that it properly served D personally in New York on February 11, 1997. Ds argue that D was immune from service while he was in New York because he was here solely to testify at a deposition in Fun-Damental I and therefore, that service was invalid.

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