Harold Konigsberg v. Austin F. Shute

OPINION OF THE COURT

We are reversing a summary judgment of the district court which dismissed a complaint filed in the district of New Jersey served on a defendant in the state of Missouri on the ground that “the defendant has not had sufficient minimum contact with the state of New Jersey to make him amenable to process under F.R.C.P. 4(e).” We hold that appellee waived his right to assert the defense of lack of jurisdiction over the person or insufficiency of process. Fed.R.Civ.Proc. 12(h) (1).

A complaint based on diversity was filed August 19, 1969, in the district of New Jersey. After…