Frank May v. Atlas Magazines, Inc., a Foreign Corporation, and Irwin Porges

Sixth Circuit

Frank May v. Atlas Magazines, Inc., a Foreign Corporation, and Irwin Porges

380 F.2d 58, 1967 U.S. App. LEXIS 5733

CourtCourt of Appeals for the Sixth Circuit

DecidedJuly 5, 1967

Docket17193

StatusPublished

Cited by1 cases

This text of 380 F.2d 58 (Frank May v. Atlas Magazines, Inc., a Foreign Corporation, and Irwin Porges) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Frank May v. Atlas Magazines, Inc., a Foreign Corporation, and Irwin Porges, 380 F.2d 58, 1967 U.S. App. LEXIS 5733 (6th Cir. 1967).

Pincite

Opinion

PER CURIAM.

This is an appeal from the order of the district court dismissing a diversity action filed under the Michigan long-arm statute, M.S.A. §§ 27A.705, 27A.715, Comp. Laws Mich. 1948 §§ 600.705, 600.715 [P.A.1961, No. 236] against the publisher and author of an article which allegedly invaded plaintiff’s right to privacy. Defendant moved below for dismissal on three grounds: first, that proper service of process had not been accomplished; second, that the long-arm statute should not be construed as applying to the facts alleged in the complaint; and third, that the statute, if applicable, was unconstitutional.

Instead of deciding the first question of sufficiency of service, the trial judge decided that the statute was applicable and as applied, was unconstitutional.

Our attention has not been directed to, nor do we find, a case in which a Michigan appellate court has construed this statute. Velandra v. Regie Nationale Des Usines Renault, 6 Cir., 336 F.2d 292 (1964), decided by this court, did not, as urged by defendant, construe this statute.

If the matter is not properly before us because of insufficiency of service, it is unnecessary to construe the statute and to pass on its constitutionality if applicable.

Accordingly, the case will be remanded with the instruction to determine the first ground urged for dismissal. Jurisdiction of the appeal will be retained pending this determination.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

This is an appeal from the order of the district court dismissing a diversity action filed under the Michigan long-arm statute, M.S.A. §§ 27A.705, 27A.715, Comp. Laws Mich. 1948 §§ 600.705, 600.715 [P.A.1961, No. 236] against the publisher and author of an article which allegedly invaded plaintiff’s right to privacy. Defendant moved below for dismissal on three grounds: first, that proper service of process had not been accomplished; second, that the long-arm statute should not be construed as applying to the facts alleged in the complaint; and third, that the statute, if applicable, was unconstitutional.

Instead of deciding the first question of sufficiency of service, the trial judge decided that the statute was applicable and as applied, was unconstitutional.

Our attention has not been directed to, nor do we find, a case in which a Michigan appellate court has construed this statute. Velandra v. Regie Nationale Des Usines Renault, 6 Cir., 336 F.2d 292 (1964), decided by this court, did not, as urged by defendant, construe this statute.

If the matter is not properly before us because of insufficiency of service, it is unnecessary to construe the statute and to pass on its constitutionality if applicable.

Accordingly, the case will be remanded with the instruction to determine the first ground urged for dismissal. Jurisdiction of the appeal will be retained pending this determination.

Cite This Page — Counsel Stack

Bluebook (online)

380 F.2d 58, 1967 U.S. App. LEXIS 5733, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frank-may-v-atlas-magazines-inc-a-foreign-corporation-and-irwin-porges-ca6-1967.

Opinion

Related

Cite This Page — Counsel Stack