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United States v. Rockhill

United States District Court, D. Oregon
Sep 28, 1949
9 F.R.D. 695 (D. Or. 1949)

Opinion

         The United States of America sued Mrs. Julia Rockhill to recover three times the amount of rent allegedly received by defendant in excess of maximum rent prescribed under statute, and for an injunction. The United States petitioned for service of summons outside of the state.

         The District Court, James Alger Fee, C. J., held that petition was insufficient to justify issuance of summons.

         Petition denied.

         See also 9 F.Supp. 696.

          Roy C. Fox, Litigation Attorney, Office of Housing Expediter, Seattle, Washington, for plaintiff.


          JAMES ALGER FEE, Chief Judge.

          A proceeding has been brought under Sections 205 and 206(b) of the Housing and Rent Act of 1947, as amended, 50 U.S.C.A.Appendix, §§ 1895, 1896(b). A petition has been filed for service of summons outside the state. It was the intention of the statute that a cause of this type could be instituted in any district (1) ‘ in which any part of any act or transaction constituting the violation occurred,’ (2) ‘ in which the defendant resides,’ (3) in which the defendant ‘ transacts business.’

         If the action has been so commenced, the service may be made in any district (1) wherein ‘ the defendant resides' or (2) wherein the defendant ‘ transacts business' or (3) ‘ wherever the defendant may be found.’

          Before a summons should be issued under the order of the Court in accordance with Rule 4(e), supplemented by an order as to time for answer under Rule 12(a), Federal Rules Civil Procedure, 28 U.S.C.A., there should be an exact showing by affidavit as the necessary facts founding the right to service, since, of course, this feature is jurisdictional.

         The present petition is simply that process issue for service of summons at 327 Magnolia Street, Long Beach, California, which is, of course, insufficient. The showing on which of the clauses plaintiff may obtain jurisdiction is vital.

         The petition is denied, with leave to make additional showing.


Summaries of

United States v. Rockhill

United States District Court, D. Oregon
Sep 28, 1949
9 F.R.D. 695 (D. Or. 1949)
Case details for

United States v. Rockhill

Case Details

Full title:UNITED STATES v. ROCKHILL.

Court:United States District Court, D. Oregon

Date published: Sep 28, 1949

Citations

9 F.R.D. 695 (D. Or. 1949)

Citing Cases

United States v. Rockhill

This then is sufficient showing of the ‘ necessary facts founding the right to service,’ as required by the…