Legal Opinion

Acme Engineers, Inc. v. Foster Engineering Company

Court of Appeals for the Fifth Circuit

Decided April 7, 1958No. 16951_1PublishedCited by 14 opinions

1Opinion of the Court

RIVES, Circuit Judge.

This appeal is from a judgment quashing service and dismissing an action without prejudice on the ground that the court had not acquired and could not acquire jurisdiction over the defendant, a foreign corporation.

The action was brought to recover commissions allegedly due plaintiff from sales in Texas of defendant’s products. Federal jurisdiction was based on diversity of citizenship. 28 U.S.C.A. § 1332. Acme Engineers, Inc. was incorporated under the laws of Texas, while Foster Engineering Co. was organized in New Jersey. The attempted service of process was on Gulf…

2Cases cited26 opinions

  1. International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
  2. McGee v. International Life InsuranceSupreme Court of the United States · 1957
  3. Tauza v. . Susquehanna Coal Co.New York Court of Appeals · 1917
  4. Bank of Augusta v. EarleSupreme Court of the United States · 1839
  5. Louisville, Cincinnati, & Charleston Rail-Road v. LetsonSupreme Court of the United States · 1844

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

3Cited by14 opinions

  1. Lone Star Motor Import, Inc. v. Citroen Cars CorporationCourt of Appeals for the Fifth Circuit · 1961
  2. Calagaz v. CalhoonCourt of Appeals for the Fifth Circuit · 1962
  3. Atwood Hatcheries v. Heisdorf & Nelson FarmsCourt of Appeals for the Fifth Circuit · 1966
  4. Delray Beach Aviation Corporation and Bert Boldt v. Mooney Aircraft, Inc.Court of Appeals for the Fifth Circuit · 1964
  5. Szantay v. Beech Aircraft CorporationDistrict Court, E.D. South Carolina · 1965

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

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