Legal Opinion

Alloway v. Wain-Roy Corp.

District Court, E.D. Pennsylvania

Decided May 14, 1971No. Civ. A. No. 68-891PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM AND ORDER

DITTER, District Judge.

The question in this case is the propriety of service upon a foreign corporation. Defendant moved to dismiss for jurisdictional reasons, contending that it was not “doing business” in Pennsylvania.

After filing suit, plaintiff caused a copy of the summons and complaint to be delivered to the Secretary of the Commonwealth. Rule 4(d) (3) of the Federal Rules of Civil Procedure authorizes service upon a statutory agent, and Pennsylvania has designated the Secretary of the Commonwealth to receive such process on behalf of corporations which are doing…

2Cases cited8 opinions

  1. Eric McNello v. John B. Kelly, Inc. v. B. J. Lucarelli and Company, Inc., Third-PartyCourt of Appeals for the Third Circuit · 1960
  2. Television Reception Corporation v. Charles A. Dunbar, Dunbar-Murphy & Company, Inc., and Commonwealth Cable Company, Inc.Court of Appeals for the Sixth Circuit · 1970
  3. Miller v. Kiamesha-Concord, Inc.Supreme Court of Pennsylvania · 1966
  4. Cecere v. Ohringer Home Furniture Co.Superior Court of Pennsylvania · 1966
  5. Frisch v. Alexson Equipment Corp.Supreme Court of Pennsylvania · 1966

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

3Cited by1 opinion

  1. Proctor & Schwartz, Inc. v. Cleveland Lumber Co.Superior Court of Pennsylvania · 1974

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