William R. Le Vecke and Reed Levecke v. Griesedieck Western Brewery Co., a Corporation, and Carling Brewing Co., a Corporation

Good Law
233 F.2d 772·1956 U.S. App. LEXIS 3206
United States Court of Appeals for the Ninth CircuitMay 22, 195614816California2,606 words

Opinion

Opinion

Orr, J.

Appellants seek review of a holding by the district court that appellees, two foreign corporations, were not “transacting intrastate business” in California, within the meaning of the law of California and the limitations of due process of law, sufficient to subject them to service of process in California.

Appellants, citizens of California, commenced this action in the California Superior Court in and for the County of Los Angeles, effecting service of process on each of the defendants, appellees, by service on the Secretary of State. Appellees removed the action to the federal district court and then respectively moved that court to set aside, vacate, and quash service of summons and complaint or alternatively to dismiss the action as to each defendant. Each motion was accompanied by supporting affidavits and in each case appellants filed counter-affidavits. On May 12, 1955 the district court granted the motions.

The complaint purports to allege a cause of action against appellee Griesedieck Western Brewery Co., hereafter Griesedieck Co., for breach of an oral contract entered into between the said Griesedieck Co. and appellants, doing business as The LeVecke Company, a…

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