Legal Opinion · Concurrence

Arra Ray Messenger v. United States

Court of Appeals for the Second Circuit

Decided March 16, 1956No. 201, Docket 23269Published

1ConcurrenceHincks, Circuit Judge

I fully concur in the conclusion of my brothers that the service made on the United States Attorney without mailing a copy of the summons and of the complaint to the Attorney General, as required by F.R.C.P. 4(d) (4), was insufficient to give the court below personal jurisdiction over the United States.

Prior to the Federal Rules of Civil Procedure, under the Conformity Act the federal courts issued process and caused it to be served in accordance with the practice of the state in which the several federal courts sat. Since the United States was generally immune from suit, there was naturally…

2Cases cited2 opinions

  1. Schnell v. United StatesCourt of Appeals for the Second Circuit · 1948
  2. Jefferson v. Stockholders Pub. Co., IncCourt of Appeals for the Ninth Circuit · 1952

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