Schmikler v. Petersime Incubator Co.

SWEENEY, Chief Judge.

The defendant has asked the Court to review the decision of Judge Healey which denied a motion to dismiss the action for lack of jurisdiction. D.C., 77 F.Supp. 11. This request is based upon two recent decisions of the Court of Appeals of this Circuit, Pulson et al. v. American Rolling Mill Co., 1 Cir., 170 F.2d 193, and Kelley v. Delaware, L. & W. R. Co., 1 Cir., 170 F.2d 195.

The defendant’s usual place of business is in Ohio and it maintains no factory, warehouse, office, or store in Massachusetts; it does not display its name on any place of business in Massachusetts…