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  • Roger J. Howell v. Kennecott Copper Corporation, 258 F.2d 946, 3rd Cir. (1958)

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    The United States Court of Appeals for the Third Circuit affirmed the judgment of the District Court for the Eastern District of Pennsylvania quashing service of a summons on a subsidiary company, Chase Brass and Copper Company, Inc., of defendant Kennecott Copper Corporation. The District Court found that serving the subsidiary was not effective service on the parent corporation under the circumstances of the case. The Court of Appeals agreed with the District Court's thoughtful consideration of the facts and law involved in its brief but adequate opinion.

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    Filed: 1958-10-02 Precedential Status: Precedential Citations: 258 F.2d 946 Docket: 12550_1

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    The United States Court of Appeals for the Third Circuit affirmed the judgment of the District Court for the Eastern District of Pennsylvania quashing service of a summons on a subsidiary company, Chase Brass and Copper Company, Inc., of defendant Kennecott Copper Corporation. The District Court found that serving the subsidiary was not effective service on the parent corporation under the circumstances of the case. The Court of Appeals agreed with the District Court's thoughtful consideration of the facts and law involved in its brief but adequate opinion.

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    4 views1 page

    Roger J. Howell v. Kennecott Copper Corporation, 258 F.2d 946, 3rd Cir. (1958)

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    Scribd Government Docs
    The United States Court of Appeals for the Third Circuit affirmed the judgment of the District Court for the Eastern District of Pennsylvania quashing service of a summons on a subsidiary company, Chase Brass and Copper Company, Inc., of defendant Kennecott Copper Corporation. The District Court found that serving the subsidiary was not effective service on the parent corporation under the circumstances of the case. The Court of Appeals agreed with the District Court's thoughtful consideration of the facts and law involved in its brief but adequate opinion.

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    of 1

    258 F.

    2d 946

    Roger J. HOWELL, Appellant,


    v.
    KENNECOTT COPPER CORPORATION.
    No. 12550.

    United States Court of Appeals Third Circuit.


    Argued September 16, 1958.
    Decided October 2, 1958.

    Appeal from the United States District Court for the Eastern District of
    Pennsylvania; Francis L. Van Dusen, Judge.
    R. Stuart Jenkins, Media, Pa., for appellant.
    Henry W. Sawyer, 3d, Philadelphia, Pa. (Jack B. Justice, Drinker, Biddle
    & Reath, Philadelphia, Pa., on the brief), for Chase Brass & Copper Co.
    Before GOODRICH, STALEY and HASTIE, Circuit Judges.
    PER CURIAM.

    This is an appeal from a judgment of the District Court for the Eastern District
    of Pennsylvania quashing a return of service on a summons. The summons was
    served upon Chase Brass and Copper Company, Inc., a wholly owned
    subsidiary of Kennecott Copper Corporation. It is claimed that service on the
    subsidiary is, under the circumstances of this case, effective service upon the
    parent corporation.

    The case was thoughtfully considered by the district judge. He set out the
    pertinent facts as they appeared from the record and he discussed the law
    involved. The opinion, happily brief, covers the points adequately. 21 F.R.D.
    222.

    The judgment will be affirmed.

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