Witcher v. Mac Tools, Inc.

ORDER

HIRAM H. WARD, District Judge.

This matter came on for hearing on defendant’s motions to dismiss for lack of jurisdiction over the person, insufficiency of service of process, and failure to state a claim upon which relief can be granted.

In deciding these motions, the Court will consider the pleadings, affidavits, and briefs filed by the parties. They reveal the following facts. Plaintiff brings this action for breach of a distributorship contract. Plaintiff had been selling tools manufactured by defendant for twenty years. There was no written contract. In the fall of 1973, defendant…