Legal Opinion

Kelly v. Three Bays Corporation

District Court, S.D. New York

Decided June 9, 1959PublishedCited by 11 opinions

1Opinion of the Court

FREDERICK van PELT BRYAN, District Judge.

This is a motion to vacate service of process and dismiss the libel for want of jurisdiction of the person, pursuant to Rule 12(b) (2), F.R.Civ.P., 28 U.S.C.A., upon the ground that respondent is a foreign corporation not subject to service of process in this district, and that service was not made on a person authorized to be served on its behalf.

The motion was originally presented on affidavits only. I withheld decision pending the taking of depositions by libelant bearing on the relationship between respondent and its alleged agent Dichman, Wright &…

2Cases cited18 opinions

  1. International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
  2. Green v. Chicago, Burlington & Quincy Railway Co.Supreme Court of the United States · 1907
  3. People's Tobacco Co. v. American Tobacco Co.Supreme Court of the United States · 1918
  4. Hutchinson v. Chase & Gilbert, Inc.Court of Appeals for the Second Circuit · 1930
  5. Kilpatrick v. Texas & P. Ry. Co.Court of Appeals for the Second Circuit · 1948

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

3Cited by11 opinions

  1. Grammenos v. LemosCourt of Appeals for the Second Circuit · 1972
  2. Amco Transworld, Inc. v. M/V BAMBIDistrict Court, S.D. Texas · 1966
  3. Chunky Corporation v. Blumenthal Bros. Chocolate Co.District Court, S.D. New York · 1969
  4. Klishewich v. Mediterranean Agencies, Inc.District Court, E.D. New York · 1966
  5. Grammenos v. C. M. LemosCourt of Appeals for the Second Circuit · 1972

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API