Opinion · Court of Appeals for the Fifth Circuit
Mississippi Chemical Corporation, a Mississippi Corporation, and Vulcan-Cincinnati, Inc., an Ohio Corporation v. The Hoechst-Uhde Corporation
338 F.2d 662
- Type
- Opinion
- Court
- Court of Appeals for the Fifth Circuit
- Jurisdiction
- Federal
- Date
- 1964-11-30
- Topic
- general
PER CURIAM: Invoking jurisdiction on the ground of diversity of citizenship, the appellant Mississippi Chemical Corporation brought an action in the District Court for the Southern District of Mississippi against the appellant Vulcan-Cincinnati, Incorporated, and Hoechst-Uhde Corporation. Jurisdiction over Hoechst-Uhde was attempted by constructive service, delivery of a summons having been made under a state statute upon the Secretary of State of the State of Mississippi. Vulcan-Cincinnati filed a cross-claim against Hoechst-Uhde. The district court relied heavily on Mississippi Wood Preserving Co. v. Rothschild, 5th Cir. 1953, 201 F.2d 233, and decided that the activities of Hoechst-Uhde were not such as brought it within the Mississippi statute permitting the constructive service of process on any non-resident corporation not qualified to do business in Mississippi but “who shall do any business or perform any character of work or service in this state * * *.” Code Miss.1942, §§ 1437-1438.
Citator
UpLaw has not yet analyzed Mississippi Chemical Corporation, a Mississippi Corporation, and Vulcan-Cincinnati, Inc., an Ohio Corporation v. The Hoechst-Uhde Corporation. The absence of a flag is not a finding that it is good law.
- Cited by
- 7 opinions
John C. Satterfield, Satterfield, Shell, Williams Buford, Yazoo City, Miss., Satterfield, Shell, Williams Buford, John R. Bradley, Jr., Jackson, Miss., Yazoo City, Miss., of counsel, for appellant Mississippi Chemical Corp.
Frank E. Everett, Jr., of Brunini, Everett, Grantham Quin, Vicksburg, Miss., J. Kenneth Campbell, Alexander Green, New York City, of counsel, for appellee.
Affirmed.Page 695