Flaherty v. United Engineers & Constructors, Inc.

BIGGS, Circuit Judge *

The plaintiff, Flaherty, a citizen of Pennsylvania, sustained injuries in an accident which occurred on June 12, 1957 and instituted the suit at bar by summons and complaint on August 14, 1958. Jurisdiction is based on diversity and jurisdictional amount. On July 22, 1959 an attempt was made to bring the defendant, Lorain Shovel Company, 1 a foreign corporation, incorporated under the laws of Ohio, into court by serving an alias summons together with the complaint on the Secretary of the Commonwealth of Pennsylvania.

At the time of the occurrence of the injuries…