Ameron, a California Corporation v. Anvil Industries, Inc., an Ohio Corporation, and Baton Rouge Manufacturing Co., Inc., an Ohio Corporation

This is an appeal from a default judgment entered in this diversity action pursuant to Fed.R.Civ.P. 55(b). Our review is predicated upon 28 U.S.C. § 1291 .

Appellee Ameron instituted this action seeking recovery on alternative counts for breach of contract, goods sold and delivered, and an account stated between the appellee and appellants. Additionally, a claim was stated against appellant Anvil Industries, Inc. based upon its undertaking to guarantee certain obligations of appellant Baton Rouge Manufacturing Co., Inc. The appellants appeared specially for the purpose of moving to quash service and to dismiss the complaint for lack of in personam jurisdiction. After denying the appellants’ motions, the trial court entered a default judgment against them pursuant to Fed. R.Civ.P. 55(b) for failure to answer or otherwise defend the action.

Two issues are raised by this appeal. First, whether service of process was properly effectuated upon these corporate defendants pursuant to Rule 4 of the Federal Rules of Civil Procedure and section 416.10 of the California Code of Civil Procedure. Second whether the district court’s exercise of in personam jurisdiction was proper…