[DOWNLOAD] "Blount v. Peerless Chemicals" by United States Court Of Appeals Second Circuit # Book PDF Kindle ePub Free

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eBook details

• Title: Blount v. Peerless Chemicals
• Author : United States Court Of Appeals Second Circuit
• Release Date : January 15, 1963
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

This is a consolidated appeal from two orders, one in the District Court for the Southern District of New York, and the other in the District Court for the Eastern District of New York, vacating service and dismissing the complaint against defendant-appellee, Peerless Chemicals (P.R.) Inc., a Puerto Rican corporation. The action, first brought in the Southern District, is founded upon personal injuries suffered by plaintiffs, Baltimore longshoremen, aboard the S.S. Frances in Baltimore Harbor, and alleged to have resulted from the escape of chlorine gas from certain supposedly empty chlorine cylinders owned and shipped by Peerless Chemicals (P.R.) Inc., hereinafter referred to as Peerless (P.R.). Jurisdiction rests upon diversity of citizenship, 28 U.S.C. § 1332. Judge MacMahon vacated service upon Dennis J. Carey, Jr., president of Peerless (P.R.), effected at the Long Island City offices of the parent corporation, Peerless Oil and Chemical Corp., hereinafter referred to as Peerless. He also dismissed the complaint against Peerless (P.R.), finding that it was doing no business within the state of New York and that any possible inferences to the contrary indicate at best that business is being conducted in the Eastern District, where the offices of the parent are located. Plaintiffs then filed their complaint in the Eastern District. Judge Dooling held, after considering a lengthy deposition of Peerless (P.R.) through its president Dennis Carey, that the corporation was doing no business in New York, and that the court was therefore without jurisdiction.

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