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· 8/22/1986

Stranahan Gear Company, Inc. v. Nl Industries, Inc. v. Blue Streak Industries, Inc. Appeal of Nl Industries, Inc

Citations

  • 800 F.2d 53
  • 5 Fed. R. Serv. 3d 1
  • 1986 U.S. App. LEXIS 28910

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a cursory allegation reiterated in a sworn affidavit is insufficient to satisfy the plaintiff’s burden of proof
  • holding a default judgment was properly stricken, notwithstanding that defendant received the complaint and summons, where plaintiff sought defendant’s waiver of service but made no further service attempt after defendant failed to respond
  • \[i]f an acknowledgement form is not returned ... resort must be had to personal service\
  • “We do not believe that ‘factors of justice and equity 5 can override the unambiguous terms of a specific service rule.”
  • “We do not believe that ‘factors of justice and equity’ can override the unambiguous terms of a specific service rule.”
  • “if an acknowledgement form is not returned ... resort must be had to personal service”

Source: CourtListener parenthetical corpus (CC0).

Judges: Aldisert, Higginbotham

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.