FEDERAL PROCEDURE-VENUE OF CORPORATIONS-APPLICABILITY OF 28 U.S.C. §1391(c) TO PLAINTIFF CORPORATIONS

Authors

Charles E. Oldfather S.Ed., University of Michigan Law SchoolFollow

Abstract

Plaintiff, trustee in bankruptcy of a Delaware corporation, brought a contract action based on diversity of citizenship in an Ohio district court. Defendant is a partnership, whose partners are all residents of states other than Delaware. Defendant moved to dismiss the action on the ground that venue was improperly laid. The court, relying on 28 U.S.C. §139I(c), held: motion to dismiss overruled. "Since the district where plaintiff is doing business . . . is the 'residence of the corporation for venue purposes,' this action may be properly maintained here [Ohio].'' Hadden v. Barrow, Wade, Guthrie & Co., (D.C. Ohio 1952) 105 F. Supp. 530.

Recommended Citation

Charles E. Oldfather S.Ed., FEDERAL PROCEDURE-VENUE OF CORPORATIONS-APPLICABILITY OF 28 U.S.C. §1391(c) TO PLAINTIFF CORPORATIONS, 51 Mich. L. Rev. 440 (1953).
Available at: https://repository.law.umich.edu/mlr/vol51/iss3/12