Durbin Paper Stock Co. v. Hossain

ORDER ON JURISDICTION

KEHOE, District Judge.

This cause was tried before the Court without a jury on March 12, 1982. The defendant’s sole defense during trial was predicated on the fact that tjie Court had no jurisdiction over his person since he was never properly served pursuant to Fed.R. Civ.P. 4(d). The plaintiff contended that the Court had personal jurisdiction over the defendant since the defendant was served through his agent, attorney Martin Bems-ley, as permitted under 4(d)(1). A factual issue developed during trial involving Bernsley’s status. The parties disputed whether Bernsley…