Temple Pyle, Jr., Trustee in Bankruptcy of Javelin Oil Co., Inc. v. Bank of New York, Formerly Named Empire Company

Fifth Circuit

Temple Pyle, Jr., Trustee in Bankruptcy of Javelin Oil Co., Inc. v. Bank of New York, Formerly Named Empire Company

445 F.2d 1398, 1971 U.S. App. LEXIS 8198

Court of Appeals for the Fifth Circuit·Decided September 7, 1971·No. 71-1313_1·Published

Opinion

PER CURIAM:

The plaintiff-appellant sought to subject the defendant, a New York Bank, to the personal jurisdiction of a Louisiana Court under the Louisiana “Long Arm” statute, La.R.S. 13:3201. By the terms of that statute jurisdiction would attach only if a defendant, directly or by agent, transacts business in Louisiana or has an interest in, or uses, or possesses a “real right” or immovable property within the State.

*1399 In a diversity action, the District Court, sitting as “another court of Louisiana”, held that it had no in personam jurisdiction over the Bank under either of the foregoing specifications. In our opinion the undisputed facts permitted no other result.

The judgment of the District Court is Affirmed.

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PER CURIAM:

The plaintiff-appellant sought to subject the defendant, a New York Bank, to the personal jurisdiction of a Louisiana Court under the Louisiana “Long Arm” statute, La.R.S. 13:3201. By the terms of that statute jurisdiction would attach only if a defendant, directly or by agent, transacts business in Louisiana or has an interest in, or uses, or possesses a “real right” or immovable property within the State.

*1399 In a diversity action, the District Court, sitting as “another court of Louisiana”, held that it had no in personam jurisdiction over the Bank under either of the foregoing specifications. In our opinion the undisputed facts permitted no other result.

The judgment of the District Court is Affirmed.

Temple Pyle, Jr., Trustee in Bankruptcy of Javelin Oil Co., Inc. v. Bank of New York, Formerly Named Empire Company, 445 F.2d 1398, 1971 U.S. App. LEXIS 8198 (5th Cir. 1971).

Pincite

445 F.2d 1398 (Temple Pyle, Jr., Trustee in Bankruptcy of Javelin Oil Co., Inc. v. Bank of New York, Formerly Named Empire Company) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.