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INTERMEAT, INC. v. AMERICAN POULTRY INC.

Nos. 709, 710, Dockets 77-7481, 77-7495.

575 F.2d 1017 (1978)

INTERMEAT, INC., Plaintiff-Appellee, v. AMERICAN POULTRY INCORPORATED and A & W Foods, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided April 14, 1978.

Attorney(s) appearing for the Case

Joseph L. Newman, Cleveland, Ohio (Newman & Newman, Cleveland, Ohio, and Francis J. Murphy, Hopgood, Calimefde, Kalil, Blaustein & Lieberman, New York City, of counsel), for defendants-appellants.

Robert Shenkman, New York City (Kommel, Rogers, Kaufman, Lorber & Shenkman, New York City, of counsel), for plaintiff-appellee.

Before LUMBARD, TIMBERS and GURFEIN, Circuit Judges.

GURFEIN, Circuit Judge:

This appeal requires us to consider for the first time the effect of the constitutional rule announced in Shaffer v. Heitner, 433 U.S. 186, 97 S.Ct. 2569, 53 L.Ed.2d 683 (1977), on the New York law authorizing quasi-in-rem jurisdiction over a nonresident defendant based on the attachment of a debt due to the defendant from a debtor found in New York. N.Y. C.P.L.R. §§ 6202, 5201, 314, 315...

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