Legal Opinion · Dissent

Goldlawr, Inc. v. Marcus Heiman, Select Operating Corporation and United Booking Office, Inc., and Milton Shubert, William Klein and Sylvia W. Golde

Court of Appeals for the Second Circuit

Decided February 21, 1961No. 27, 28, Dockets 26211, 26212Published

1DissentHincks, Circuit Judge

I agree with my brothers that the order below as to Heiman should be affirmed. See United States v. Fields, C.C.S.D.N.Y., 25 Fed.Cas. No. 15,089, p. 1067.

But I would hold that the transfer was proper as to Select and United, notwithstanding the absence of effective personal service on them in Pennsylvania. It was so held in Amerio Contact Plate Freezers v. Knowles, 107 U.S.App.D.C. 81, 274 F.2d 590, 591, in an opinion which was entered after the opinion below. The court there said, in speaking of such a transfer, “The court’s lack of jurisdiction over the person of the defendant is…

2Cases cited16 opinions

  1. Gulf Oil Corp. v. GilbertSupreme Court of the United States · 1947
  2. In the Matter of Emanuel JosephsonCourt of Appeals for the First Circuit · 1954
  3. Internatio-Rotterdam, Inc. v. ThomsenCourt of Appeals for the Fourth Circuit · 1955
  4. Independent Productions Corp. v. Loew's, IncorporatedDistrict Court, S.D. New York · 1957
  5. Petroleum Financial Corp. v. StoneDistrict Court, S.D. New York · 1953

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