(Download) "Whittaker Corp. v. United Aircraft Corp." by United States Court of Appeals for the First Circuit ~ Book PDF Kindle ePub Free
eBook details
- Title: Whittaker Corp. v. United Aircraft Corp.
- Author : United States Court of Appeals for the First Circuit
- Release Date : January 23, 1973
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
McENTEE, Circuit Judge. Plaintiff, Whittaker Corporation, incorporated and having its principal place of business in California and its Nuclear Metals Division in Massachusetts, initiated this action against defendants, United Aircraft Corporation, Gulf and Western Industrial Products Company, and Ladish Company (hereinafter United, Gulf, and Ladish) for alleged breach of contract and, as against United only, for alleged actionable deceit. United and Gulf are Delaware corporations which have their respective principal places of business in Connecticut and in a state other than California. Ladish is incorporated and has its principal place of business in Wisconsin. Jurisdiction was based on diversity of citizenship1 and damages well in excess of $10,000 were alleged. Personal jurisdiction was sought under Fed. R. Civ. P. 4(d)(7) pursuant to the Massachusetts ""long arm"" statute, M.G.L.A. c. 223A § 3 (1973 Supp.), by serving each corporate defendant by registered mail. Defendants moved to vacate this service alleging that there was no basis for personal jurisdiction and also to dismiss the complaint for improper venue. After a brief hearing on affidavits, the trial court granted the motions to dismiss for lack of jurisdiction over the person. This appeal followed. For the reasons set forth below, we reverse as to United but affirm as to Ladish and Gulf.
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