ACS INDUSTRIES, INC. v. KELLER INDUSTRIES, INC.

Civ. No. 12786.

296 F.Supp. 1160 (1969)

ACS INDUSTRIES, INC., Plaintiff v. KELLER INDUSTRIES, INC., Defendant.

United States District Court D. Connecticut.

On Motion to Amend January 28, 1969.


Attorney(s) appearing for the Case

John M. Calimafde, of Hopgood & Calimafde, New York City, for plaintiff.

Robert S. Evans, of Evans & Evans, New Haven, Conn., for defendant.


TIMBERS, Chief Judge.

Defendant's motion to dismiss, pursuant to Rule 12(b)(2), Fed.R.Civ.P., for lack of in personam jurisdiction in this diversity action for breach of contract, raises the question whether service in Connecticut on defendant's wholly owned subsidiary is sufficient to confer jurisdiction over defendant.

The Court holds that, construed as a motion for summary judgment pursuant to Rule 56(b), Fed.R.Civ.P., defendant's motion must be denied...

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