Legal Opinion · Concurrence

Minichiello v. Rosenberg

Court of Appeals for the Second Circuit

Decided December 12, 1968No. Nos. 137, 202-203 Dockets 32534, 32838-32839Published

1ConcurrenceHays, Circuit Judge

(concurring) :

I concur in the result and in Judge FRIENDLY’S opinion.

I wish to add a word simply to emphasize a point which is taken for granted in both Judge FRIENDLY’S and Judge ANDERSON’S opinions.

There is nothing in the character of attachment or of resulting in rem jurisdiction which would require that the procedure be available only to plaintiffs who are residents in the forum state. While in both Seider and Simpson the plaintiffs were residents of New York, nothing was decided in either of those cases which *120would deny to residents of states other than New York the procedure approved in…

2Cases cited5 opinions

  1. Harris v. BalkSupreme Court of the United States · 1905
  2. Simpson v. LoehmannNew York Court of Appeals · 1967
  3. Vaage v. LewisAppellate Division of the Supreme Court of the State of New York · 1968
  4. Nationwide Mutual Insurance Company v. VaageDistrict Court, S.D. New York · 1967
  5. Gilchrist v. Trans-Canada Air LinesAppellate Division of the Supreme Court of the State of New York · 1966

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