Legal Opinion
A. Alex Shuford, Jr. v. Roy G. Anderson, and Currier & Carlsen, Incorporated, a Corporation
Court of Appeals for the Tenth Circuit
Decided October 14, 1965No. 7853_1PublishedCited by 19 opinions
1Opinion of the Court
CHRISTENSEN, District Judge.
In this diversity suit the lower court held upon the face of the complaint that service of process could not be effected upon an absent but indispensable party defendant because the action was not one in rem within the contemplation of 28 U.S.C. § 1655.1 From the order of dismissal for lack of venue entered by the district court on defendants’ motions,2 plaintiff-appellant, A. Alex Shuford, Jr., has taken this appeal.
The complaint in substance alleged: That Murphy-Lowell Co., a co-partnership, not a party herein, transferred to the defendant Roy G. Anderson the…
2Cases cited38 opinions
- Massie v. WattsSupreme Court of the United States · 1810
- Walker v. BrownSupreme Court of the United States · 1897
- Barney v. Baltimore CitySupreme Court of the United States · 1868
- Jellenik v. Huron Copper Mining Co.Supreme Court of the United States · 1900
- Goodman v. NiblackSupreme Court of the United States · 1881
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3Cited by19 opinions
- Adden v. MiddlebrooksCourt of Appeals for the Seventh Circuit · 1982
- Oppenheim v. SterlingCourt of Appeals for the Tenth Circuit · 1966
- Savage v. First Nat. Bank & Trust Co. of TulsaDistrict Court, N.D. Oklahoma · 1976
- Lone Star Industries, Inc. v. RedwineCourt of Appeals for the Fifth Circuit · 1985
- First National Bank of Belfield v. CandeeNorth Dakota Supreme Court · 1992
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