Legal Opinion

Blackhawk Heating & Plumbing Co. v. Turner

District Court, D. Arizona

Decided May 6, 1970No. Civ. 70-52 PHX.—CAMPublishedCited by 28 opinions

1Opinion of the Court

ORDER

MUECKE, District Judge.

Defendant, pursuant to F.R.Civ.P. 12 (b) (5), has moved to dismiss the complaint or in lieu thereof, to quash the return of service made upon him “by leaving copies [of the summons and complaint] at his * * * usual place of abode with some person of suitable age and discretion then residing therein * * *.M1 F.R.Civ.P. 4(d) (1).

While admitting by his appearance herein that he has received actual notice of the pendency of this action, defendant nevertheless has claimed such notice was not received by him as required by F.R.Civ.P. 4(d) (1). He claims not to have been…

2Cases cited13 opinions

  1. Sara A. Karlsson v. Baruch RabinowitzCourt of Appeals for the Fourth Circuit · 1963
  2. Ames Nowell v. Iris Calder NowellCourt of Appeals for the Fifth Circuit · 1967
  3. Rovinski v. RoweCourt of Appeals for the Sixth Circuit · 1942
  4. Williams v. Capital Transit Co. Williams v. DouglasCourt of Appeals for the D.C. Circuit · 1954
  5. Skidmore v. GreenDistrict Court, S.D. New York · 1940

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

3Cited by28 opinions

  1. Stephen Borzeka v. Margaret O. Heckler, Secretary of Health and Human ServicesCourt of Appeals for the Ninth Circuit · 1984
  2. Precision Etchings & Findings, Inc. v. Lgp Gem, Ltd., Maurice C. Feiger, Precision Etchings & Findings, Inc. v. Lgp Gem, Ltd., Maurice C. FeigerCourt of Appeals for the First Circuit · 1992
  3. Image Auto, Inc. v. Mike Kelley Enterprises, Inc.Supreme Court of Alabama · 2001
  4. Northbrook Indem. Co. v. Westgate, Ltd.Supreme Court of Alabama · 2000
  5. Minnesota Mining & Manufacturing Co. v. KirkevoldDistrict Court, D. Minnesota · 1980

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

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