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Harris v. Gland-O-Lac Co.

United States Court of Appeals, Sixth Circuit
Feb 19, 1954
211 F.2d 238 (6th Cir. 1954)

Summary

considering "managerial duties" characteristic of a "managing agent" for Rule 4 purposes

Summary of this case from Joe Hand Promotions, Inc. v. Pat's Snack Bar, LLC

Opinion

No. 11913.

February 19, 1954.

Robert J. Harris, Thorndyke Becker, Cincinnati, Ohio, for appellant.

Henry B. Street, Curt E. Stern, Cincinnati, Ohio, for appellee.

Before SIMONS, Chief Judge, and MARTIN and McALLISTER, Circuit Judges.


Appellant filed his suit in the district court against appellee company, a resident of a foreign state, and caused service of summons to be made upon Joseph Tenge, an agent of appellee company. Appellee moved to quash service on the ground that, under the provisions of Rule 4(d)(3) of the Federal Rules of Civil Procedure, 28 U.S.C.A., Tenge was not a person upon whom valid service, binding on appellee, could be made; and the issue in this case is reduced to a determination of the question whether Tenge was a managing agent of appellee company at the time of the service of summons upon him. The motion was heard in the district court upon the affidavits of appellant and of Tenge; and the district court granted the motion to quash. The uncontroverted proofs submitted by the above-mentioned affidavits disclosed that Tenge was only a salesman, without managerial duties, and that none of his activities resulted in his being a managing agent of appellee company.

The judgment of the district court is affirmed.


Summaries of

Harris v. Gland-O-Lac Co.

United States Court of Appeals, Sixth Circuit
Feb 19, 1954
211 F.2d 238 (6th Cir. 1954)

considering "managerial duties" characteristic of a "managing agent" for Rule 4 purposes

Summary of this case from Joe Hand Promotions, Inc. v. Pat's Snack Bar, LLC

relying on affidavits provided by the defendant and its agent in quashing service

Summary of this case from In re American Camshaft Specialties, Inc.

relying on affidavits provided by the defendant and its agent in quashing service

Summary of this case from In re American Camshaft Specialties, Inc.
Case details for

Harris v. Gland-O-Lac Co.

Case Details

Full title:HARRIS v. GLAND-O-LAC CO

Court:United States Court of Appeals, Sixth Circuit

Date published: Feb 19, 1954

Citations

211 F.2d 238 (6th Cir. 1954)

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