Legal Opinion
Baird v. Day & Zimmerman, Inc.
District Court, S.D. New York
Decided June 13, 1974No. 71 Civ. 3205 (JMC)PublishedCited by 24 opinions
1Opinion of the Court
MEMORANDUM
CANNELLA, District Judge:
The motion of the defendant Martin Marietta Aluminum, Inc. (formerly Harvey Aluminum), pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, to dismiss the complaint as against it for lack of personal and subject matter jurisdiction, is granted.
The plaintiff Baird was injured and the plaintiff Burns’ intestate was killed in Vietnam on September 6, 1969, by the explosion of an artillery gun which they were operating in the service of the United States Army. Liability is ascribed to the several defendants who are alleged to have manufactured…
2Cases cited3 opinions
- Delagi v. Volkswagenwerk AG of WolfsburgNew York Court of Appeals · 1972
- Miller v. Surf Properties, Inc.New York Court of Appeals · 1958
- Farrell v. Piedmont Aviation, Inc.Court of Appeals for the Second Circuit · 1969
3Cited by24 opinions
- Wells Fargo & Co. v. Wells Fargo Express Co.Court of Appeals for the Ninth Circuit · 1977
- Bulova Watch Co., Inc. v. K. Hattori & Co., Ltd.District Court, E.D. New York · 1981
- Mayer v. Josiah Wedgwood & Sons, Ltd.District Court, S.D. New York · 1985
- Top Form Mills, Inc. v. Sociedad Nationale Industria Applicazioni ViscosaDistrict Court, S.D. New York · 1977
- Rolls-Royce Motors, Inc. v. Charles Schmitt & Co.District Court, S.D. New York · 1987
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