STUART v. SPADEMAN

No. 84-1634.

772 F.2d 1185 (1985)

David H. STUART and Richard A. Whitaker, Plaintiffs-Appellants, v. Richard G. SPADEMAN, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 7, 1985.


Attorney(s) appearing for the Case

Wendell Coffee, Walker Metcalf, Lubbock, Tex., for plaintiffs-appellants.

Townsend & Townsend, J. George Seka, San Francisco, Cal., for defendant-appellee.

Before CLARK, Chief Judge, RANDALL and JOLLY, Circuit Judges.


RANDALL, Circuit Judge:

In this diversity case filed in a Texas district court, the plaintiffs, residents of Texas, seek to recover damages for breach of contract from a nonresident. The defendant filed a Rule 12(b)(2) motion to dismiss challenging the court's in personam jurisdiction. After a hearing on the motion, the district court dismissed the suit for want of personal jurisdiction over the defendant. The question presented is whether the defendant had sufficient...

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