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WITT v. SCULLY

No. 75-2425.

539 F.2d 950 (1976)

Helen M. WITT, Receiver of Pioneer Finance Company, a Pennsylvania Corporation v. William J. SCULLY, Appellant.

United States Court of Appeals, Third Circuit.

Decided July 14, 1976.

Attorney(s) appearing for the Case

Edmund K. Trent, Robert K. Morris, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for appellant; H. Stephen Madsen, Charles R. Ault, Baker, Hostetler & Patterson, Cleveland, Ohio, of counsel.

Paul H. Titus, Frances O. Tennant, Kaufman & Harris, Pittsburgh, Pa., for appellee.

Before SEITZ, Chief Judge, and ALDISERT and GARTH, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

We are to decide whether failing to act is tantamount to acting for purposes of Pennsylvania's long arm statute.1 Defendant is an Ohio resident who was an officer and director of a Pennsylvania corporation. The district court denied his motion to quash service of process, holding that he was amenable to jurisdiction in Pennsylvania in an...

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