Harold E. Straub v. A P Green, Inc., and Atlas Turner, Inc., a Foreign Corporation

Atlas Turner appeals the district court’s denial of its motion to set aside a default judgment. Atlas Turner contends that the district court lacked jurisdiction because service of process was not effective under the Foreign Sovereign Immunities Act. We have jurisdiction of the timely appeal under 28 U.S.C. § 1291 . We remand to determine whether Atlas Turner had actual notice in 1986 of the complaint.

I. BACKGROUND

Plaintiff Harold Straub sued Atlas Turner for asbestos-related injuries. He claims his injuries were caused by exposure to Atlas Turner’s products in Arizona (from 1967 to 1968) and in Illinois (from 1948 to 1959) while he was employed by Armstrong Contracting & Supplying Company. He mailed a copy of the summons and complaint in the English language by registered mail, return receipt requested, to Atlas Turner in Montreal, Quebec, Canada. The mail receipt was signed by “C. Benoit” and returned to Straub.

Atlas Turner did not respond to the suit. A default judgment was entered against it on April 1, 1991. Atlas Turner’s motion to set aside the judgment for lack of jurisdiction was denied by the district court on May 27, 1992. Atlas appeals. We review de novo. Nike,…