Elizabeth Taylor v. Portland Paramount Corporation

Taylor appeals under 28 U.S.C. § 1292 (b) from an order denying her motion to quash service of summons upon her. We reverse. The opinion of the District Court is reported in Portland Paramount Corp. v. Twentieth Century-Fox Film Corp., D.Or., 1966, 258 F.Supp. 962 , and this opinion assumes that the reader is familiar with it.

Two questions are presented, both involving the Oregon “long arm” statute, ORS § 14.035, enacted in 1963. These are, whether Taylor’s activities bring her within the terms of the statute, and whether, if they do, she is thereby deprived of due process as guaranteed by the Fourteenth Amendment to the Constitution of the United States, by being required to defend this action in Oregon.

The Oregon long arm statute provides, in pertinent part:

The trial court was of the opinion that the allegations of the complaint showed, on Taylor’s part, the “commission of a tortious act within” Oregon. The court also thought that there was shown the “transaction of * * * business within” Oregon by Taylor, but did not base its decision on that ground. Here, appellee seeks to sustain the order on both grounds.

We first restate the facts, as we are not entirely satisfied…