Legal Opinion

Smiley v. Gemini Investment Corporation

District Court, W.D. Pennsylvania

Decided November 9, 1971No. Civ. A. 71-555PublishedCited by 11 opinions

1Opinion of the Court

OPINION

ROSENBERG, District Judge.

Presently before me for determination is the defendant’s Motion to Dismiss on the grounds that service on the Secretary of the Commonwealth is not proper service on the corporate defendant. In this diversity action it is alleged that on or about May 26, 1969, the plaintiff purchased a new 357 magnum single action revolver which had been sold and/or distributed by or on behalf of the defendant; that because of a defect in the revolver, it malfunctioned on June 12, 1969, and resulted in the plaintiff sustaining severe injuries, for which he now seeks redress.

In…

2Cases cited6 opinions

  1. Benn v. Linden Crane Co.District Court, E.D. Pennsylvania · 1971
  2. Scafati v. Bayerische Motoren Werke AGDistrict Court, W.D. Pennsylvania · 1971
  3. James R. Hartley v. Sioux City and New Orleans Barge Lines, IncCourt of Appeals for the Third Circuit · 1967
  4. Anderson v. Ford Motor CompanyDistrict Court, E.D. Michigan · 1970
  5. Gorso v. Bell Equipment Corp.District Court, W.D. Pennsylvania · 1971

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

3Cited by11 opinions

  1. Proctor & Schwartz, Inc. v. Cleveland Lumber Co.Superior Court of Pennsylvania · 1974
  2. Aquarium Pharmaceuticals, Inc. v. Industrial Pressing & Packaging, Inc.District Court, E.D. Pennsylvania · 1973
  3. Columbia Metal Culvert Co. v. Kaiser Industries Corp.Court of Appeals for the Third Circuit · 1975
  4. Kenny v. Alexson Equipment Co.Supreme Court of Pennsylvania · 1981
  5. DeJames v. Magnificence Carriers, Inc.District Court, D. New Jersey · 1980

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

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