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BEECHER v. WALLACE

No. 21376.

381 F.2d 372 (1967)

John BEECHER, Appellant, v. George C. WALLACE, Appellee.

United States Court of Appeals Ninth Circuit.

August 10, 1967.

Attorney(s) appearing for the Case

Thorne, Stanton, Clopton, Herz, Stanek & Steinberg, San Jose, Cal., for appellant.

Faber Johnston, Johnston & Miller, Burnett, Burnett, Keogh & Cali, San Jose, Cal., for appellee.

Before HAMLEY and KOELSCH, Circuit Judges, and MATHES, Senior District Judge.

KOELSCH, Circuit Judge.

The sole question in this case is whether a summons issued in a state court at the time of the commencement of the action has any legal effect when served on one of several defendants after a co-defendant has removed the action to the federal courts. Stated differently, does a state court summons issued but not served prior to removal of the state court action to the federal courts retain any efficacy for further service of process after the...

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