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BROOKS v. NATIONAL BANK OF TOPEKA

Nos. 15819-15823.

251 F.2d 37 (1958)

Daniel R. BROOKS, a minor, by his next friend, Daniel P. Brooks, Jr., Douglas M. Brooks, a minor, by his next friend, Daniel P. Brooks, Jr., and Sandra F. Brooks, a minor, by her next friend, Daniel P. Brooks, Jr., Appellants, v. NATIONAL BANK OF TOPEKA, Executor of the Estate of William A. Van Winkle, Appellee. Douglas M. BROOKS, a minor, by his next friend, Daniel P. Brooks, Jr., Appellant, v. NATIONAL BANK OF TOPEKA, Executor of the Estate of William A. Van Winkle, Appellee. Sandra F. BROOKS, a minor, by her next friend, Daniel P. Brooks, Jr., Appellant, v. NATIONAL BANK OF TOPEKA, Executor of the Estate of William A. Van Winkle, Appellee. Daniel R. BROOKS, a minor, by his next friend, Daniel P. Brooks, Jr., Appellant, v. NATIONAL BANK OF TOPEKA, Executor of the Estate of William A. Van Winkle, Appellee. Daniel P. BROOKS, Jr., Appellant, v. NATIONAL BANK OF TOPEKA, Executor of the Estate of William A. Van Winkle, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied March 7, 1958.

Attorney(s) appearing for the Case

Solbert M. Wasserstrom, Kansas City, Mo. (George V. Aylward, Jr., Kansas City, Mo., was with him on the brief), for appellants.

Charles L. Carr, Kansas City, Mo. (Clay C. Rogers and Rogers, Field, Gentry & Jackson, Kansas City, Mo., were with him on the brief), for appellee.

Before GARDNER, Chief Judge, and WOODROUGH and VAN OOSTERHOUT, Circuit Judges.

VAN OOSTERHOUT, Circuit Judge.

These are appeals from a final judgment dismissing five consolidated actions for want of jurisdiction. The dismissal is based upon the court's determination that section 506.210, V.A.M.S., commonly referred to as the "Long-Arm Service Statute," insofar as it provides for substituted service upon a foreign executor of a nonresident motorist, is unconstitutional, and hence the service of process pursuant thereto does not confer jurisdiction...

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