LIZOTTE v. CANADIAN JOHNS-MANVILLE COMPANY

No. 6975.

387 F.2d 607 (1967)

Charles LIZOTTE, Plaintiff, Appellant, v. CANADIAN JOHNS-MANVILLE COMPANY, Ltd., Defendant, Appellee.

United States Court of Appeals First Circuit.

December 5, 1967.


Attorney(s) appearing for the Case

Daniel J. Hourihan, Boston, Mass., for appellant.

Stephen A. Hopkins, Boston, Mass., and Sherburne, Powers & Needham, Boston, Mass., on the brief, for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.


PER CURIAM.

The plaintiff Lizotte, a citizen of Massachusetts, was injured in Massachusetts unloading a freight car allegedly negligently loaded by defendant Canadian Johns-Manville Co., Ltd., a Canadian corporation. He brought suit in the district court for the district of Massachusetts, making service upon the Secretary of the Commonwealth pursuant to Mass. Gen.Laws c. 181, § 3A. The defendant moved to dismiss for lack of jurisdiction, maintaining that it was...

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