John Richard Brage v. Melvin R. Laird, Draper L. Kaufman and D. H. Guinn

Eighth Circuit

John Richard Brage v. Melvin R. Laird, Draper L. Kaufman and D. H. Guinn

461 F.2d 660, 1972 U.S. App. LEXIS 8985

Court of Appeals for the Eighth Circuit·Decided June 15, 1972·No. 71-1550·Published

Opinion

PER CURIAM.

John R. Brage appeals from an order of the United States District Court for the District of Minnesota dismissing Brage’s habeas corpus petition for lack of personal jurisdiction over the defendants.

On the request of the parties, we deferred decision pending the outcome of the appeal in Strait v. Laird, 445 F.2d 843 (9th Cir. 1971). That ease has now been decided by the Supreme Court. Strait v. Laird, 406 U.S. 341, 92 S.Ct. 1693, 32 L.Ed.2d 141 (1972). For the reasons given in that opinion, we hold that the District Court erred in holding that it did not have personal jurisdiction over the defendants. We therefore reverse and remand to the District Court with instruction to it to hear the petition on the merits.

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

PER CURIAM.

John R. Brage appeals from an order of the United States District Court for the District of Minnesota dismissing Brage’s habeas corpus petition for lack of personal jurisdiction over the defendants.

On the request of the parties, we deferred decision pending the outcome of the appeal in Strait v. Laird, 445 F.2d 843 (9th Cir. 1971). That ease has now been decided by the Supreme Court. Strait v. Laird, 406 U.S. 341, 92 S.Ct. 1693, 32 L.Ed.2d 141 (1972). For the reasons given in that opinion, we hold that the District Court erred in holding that it did not have personal jurisdiction over the defendants. We therefore reverse and remand to the District Court with instruction to it to hear the petition on the merits.

John Richard Brage v. Melvin R. Laird, Draper L. Kaufman and D. H. Guinn, 461 F.2d 660, 1972 U.S. App. LEXIS 8985 (8th Cir. 1972).

Pincite

461 F.2d 660 (John Richard Brage v. Melvin R. Laird, Draper L. Kaufman and D. H. Guinn) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related