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Full-Text Articles in Law
Unincorporated Association—A Legal Entity For Purposes Of Diversity Jurisdiction, Anon
Unincorporated Association—A Legal Entity For Purposes Of Diversity Jurisdiction, Anon
Washington Law Review
Plaintiff, a citizen of New Jersey, commenced a personal injury action in the federal district court for the Southern District of New York against American Express Company, an unincorporated joint stock association organized under New York laws. Jurisdiction was alleged solely on the basis of diversity of citizenship. The district court held that the defendant association was itself incapable of being a citizen and, since some member shareholders were shown to be citizens of plaintiff's state, the complaint was dismissed for lack of total diversity.' On appeal to the Court of Appeals for the Second Circuit, reversed. Held: An unincorporated …
Jurisdiction—Service Of Process On Foreign Corporation, Anon
Jurisdiction—Service Of Process On Foreign Corporation, Anon
Washington Law Review
Alaska statutory provisions for service of process on foreign corporations have been given long-arm effect. The purchaser of a road scraper sued his vendor, the distributor, for breach of warranty as to the condition of the scraper. The distributor filed a third party complaint against a non-resident manufacturer from which it had ordered and received equipment over the course of several years under an exclusive distribution sales and service agreement for the state of Alaska. Because the manufacturer had no agent in Alaska on whom process could be served, copies of the complaint and summons were delivered by the retailer …