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SHEALY v. CHALLENGER MANUFACTURING COMPANY

No. 8510.

304 F.2d 102 (1962)

Joseph M. SHEALY, Jr., Appellee, v. CHALLENGER MANUFACTURING COMPANY, Inc., Appellant.

United States Court of Appeals Fourth Circuit.

Decided May 19, 1962.

Attorney(s) appearing for the Case

B. D. Hayes and Nolen L. Brunson, Rock Hill, S. C. (Hayes & Hayes, Rock Hill, S. C., on brief), for appellant.

Vernon E. Sumwalt, Rock Hill, S. C. (Charles B. Ridley; Ridley & Simrill, and Roddey & Sumwalt, Rock Hill, S. C., on brief), for appellee.

Before SOBELOFF, Chief Judge, and HAYNSWORTH and J. SPENCER BELL, Circuit Judges.

HAYNSWORTH, Circuit Judge.

Contending it was not amenable to substituted service of process in South Carolina, the defendant in this tort action sought its dismissal. Its motion was denied, the District Court being of the opinion the Tennessee corporation was "doing business" in South Carolina.1 We allowed an interlocutory appeal under the provisions of 28 U.S.C.A. § 1292 (b). After full consideration, however, we conclude that the...

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