HOHENSEE v. NEWS SYNDICATE, INC.

No. 13275.

286 F.2d 527 (1961)

Adolph HOHENSEE, Appellant, v. NEWS SYNDICATE, INC., etc., Appellee.

United States Court of Appeals Third Circuit.

Decided February 8, 1961.


Attorney(s) appearing for the Case

No oral argument for appellant. James C. Newton, Washington, D. C., on the brief.

Joseph C. Kreder, Scranton, Pa. (Warren, Hill, Henkelman & McMenamin, Scranton, Pa., on the brief), for appellee.

Before KALODNER, STALEY and HASTIE, Circuit Judges.


STALEY, Circuit Judge.

This appeal requires us to review a district court's dismissal of an action because of lack of service upon the defendant, and the refusal of that court, in the absence of such service, to exercise its discretion on plaintiff's motion made pursuant to 28 U.S.C. § 1406(a) to transfer the action to another forum, where defendant was amenable to service.

Adolph Hohensee, appellant, filed a complaint in the United States District Court...

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