KONIGSBERG v. SHUTE

No. 18821.

435 F.2d 551 (1970)

Harold KONIGSBERG, Appellant, v. Austin F. SHUTE.

United States Court of Appeals, Third Circuit.

Decided December 22, 1970.


Attorney(s) appearing for the Case

Frank A. Lopez, Brooklyn, N. Y., for appellant.

Gerald W. Conway, Schreiber & Lancaster, Newark, N. J., for appellee.

Before KALODNER, SEITZ and ALDISERT, Circuit Judges.


OPINION OF THE COURT

PER CURIAM:

We are reversing a summary judgment of the district court which dismissed a complaint filed in the district of New Jersey served on a defendant in the state of Missouri on the ground that "the defendant has not had sufficient minimum contact with the state of New Jersey to make him amenable to process under F.R.C.P. 4(e)." We hold that appellee waived his right to assert the defense...

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