Teresa Baez, Individually and as Next Friend of Francisco Baez, Jr . v. S. S. Kresge Company

Baez, a Texas citizen, sued S. S. Kresge Co., a Michigan Corporation, in the Western District of Texas, alleging various tortiously caused injuries. Kresge’s registered agent was served and mailed the papers to Kresge’s Michigan home office. The home office, in turn, mailed the papers back to Texas so local counsel could conduct the litigation. It was one mailing too many, as the papers were lost until it was too late to prevent entry of a default judgment for Baez. Since finally recovering the papers, Kresge has done everything it can to get the judgment withdrawn, but we sustain the…