Electrical Specialty Company v. Road and Ranch Supply, Inc. Arlen J. Bolls, AKA A.J. Bolls

Road and Ranch Supply, Inc., a Montana corporation, and Arlen J. Bolls, a Montana resident, appeal the Montana district court’s judgment in favor of Electrical Specialty Company, a California corporation, in an action on a default judgment secured in a California district court. They contend that the district court erred in refusing to dismiss the complaint in this action under Fed.R.Civ.P. 4(j). They also contend that the district court erred in determining that the default judgment is not void for lack of personal jurisdiction. We affirm.

I

The facts are not disputed. In February 1981, Bolls executed a promissory note in favor of Electrical Specialty on behalf of himself and Road and Ranch. On February 22, 1985, Electrical Specialty filed suit against Bolls and Road and Ranch for breach of that obligation in a California federal district court.

Three days later, Electrical Specialty mailed a copy of the summons and complaint to the defendants via certified mail, return receipt requested. The mailing included a form for acknowledgment of service and a stamped, self-addressed envelope. The form provided spaces for Bolls to acknowledge receipt of service on behalf of himself and…