Legal Opinion

Oswalt Industries, Inc. v. Gilmore

District Court, D. Kansas

Decided January 10, 1969No. Civ. A. W-3986PublishedCited by 32 opinions

1Opinion of the Court

MEMORANDUM SUSTAINING MOTIONS

WESLEY E. BROWN, District Judge.

A jurisdictional issue is presently before the Court upon defendants’ motion, filed under the provisions of Rule 12, Fed.R.Civ.Proc. for order quashing the purported service of summons, upon the ground of insufficiency of process and lack of in personam jurisdiction [in this Court], The defendant, referred to as Gilmore, further requests that the action be dismissed for lack of jurisdiction of his person.

The burden of proving that this Court has in personam jurisdiction rests upon Oswalt. Delray Beach Aviation Corp. v. Mooney…

2Cases cited19 opinions

  1. International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
  2. Hanson v. DencklaSupreme Court of the United States · 1958
  3. McGee v. International Life InsuranceSupreme Court of the United States · 1957
  4. Perkins v. Benguet Consolidated Mining Co.Supreme Court of the United States · 1952
  5. Travelers Health Assn. v. Virginia Ex Rel. State Corporation Comm'nSupreme Court of the United States · 1950

14 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. In-Flight Devices Corporation v. Van Dusen Air, Incorporated, Etc.Court of Appeals for the Sixth Circuit · 1972
  2. Lakeside Bridge & Steel Co. v. Mountain State Construction Co., Inc.Court of Appeals for the Seventh Circuit · 1979
  3. Whittaker Corporation v. United Aircraft CorporationCourt of Appeals for the First Circuit · 1973
  4. Aaron Ferer & Sons Co. v. Diversified Metals Corp.Court of Appeals for the Eighth Circuit · 1977
  5. Pedi Bares, Inc. v. P & C Food Markets, Inc.Court of Appeals for the Tenth Circuit · 1977

27 more not listed; retrieve them via the Exa API.

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